Federal Court Strikes Down Trump's Top Pick for New Jersey Prosecutor, Citing Unlawful Appointment
In a significant ruling, an appeals court has declared that Alina Habba, the former personal lawyer to President Donald Trump, is ineligible to serve as the top prosecutor in New Jersey. The decision comes after Habba was appointed to the position with no experience in criminal law and without Senate confirmation.
The court's 32-page ruling confirms a lower court's previous disqualification of Habba from participating in ongoing cases, citing violations of the Federal Vacancies Reform Act (FVRA). This federal law sets limits on how long and under what conditions a presidential appointee can serve without receiving Senate confirmation.
Habba's appointment was initially met with controversy after she was appointed as acting U.S. attorney for New Jersey in March with an interim term set to expire 120 days later, or upon the approval of the U.S. district court in New Jersey. With no experience in criminal law, Habba received neither Senate confirmation nor the approval of the district court judges.
However, following Desiree Leigh Grace's elevation as the first assistant U.S. attorney and subsequent firing by the Trump administration, Habba was reappointed as "special attorney" for New Jersey. Despite the absence of a top prosecutorial job, Habba assumed the position once more.
In its ruling, Judge Michael Fisher found that Habba's appointment was non-compliant with FVRA. The judge noted that the Trump administration's efforts to install Habba in the role demonstrate the challenges it faced in getting appointees confirmed.
This decision marks one of several instances where the Trump administration has faced pushback from courts over its handling of U.S. attorney appointments. In a separate case, a federal judge recently dismissed indictments against New York Attorney General Letitia James and former FBI Director James Comey citing an invalid appointment.
The ruling comes as a significant blow to Habba's tenure, leaving her ineligible to participate in ongoing cases as prosecutor.
In a significant ruling, an appeals court has declared that Alina Habba, the former personal lawyer to President Donald Trump, is ineligible to serve as the top prosecutor in New Jersey. The decision comes after Habba was appointed to the position with no experience in criminal law and without Senate confirmation.
The court's 32-page ruling confirms a lower court's previous disqualification of Habba from participating in ongoing cases, citing violations of the Federal Vacancies Reform Act (FVRA). This federal law sets limits on how long and under what conditions a presidential appointee can serve without receiving Senate confirmation.
Habba's appointment was initially met with controversy after she was appointed as acting U.S. attorney for New Jersey in March with an interim term set to expire 120 days later, or upon the approval of the U.S. district court in New Jersey. With no experience in criminal law, Habba received neither Senate confirmation nor the approval of the district court judges.
However, following Desiree Leigh Grace's elevation as the first assistant U.S. attorney and subsequent firing by the Trump administration, Habba was reappointed as "special attorney" for New Jersey. Despite the absence of a top prosecutorial job, Habba assumed the position once more.
In its ruling, Judge Michael Fisher found that Habba's appointment was non-compliant with FVRA. The judge noted that the Trump administration's efforts to install Habba in the role demonstrate the challenges it faced in getting appointees confirmed.
This decision marks one of several instances where the Trump administration has faced pushback from courts over its handling of U.S. attorney appointments. In a separate case, a federal judge recently dismissed indictments against New York Attorney General Letitia James and former FBI Director James Comey citing an invalid appointment.
The ruling comes as a significant blow to Habba's tenure, leaving her ineligible to participate in ongoing cases as prosecutor.
... I mean, what were they thinking? And now that a federal court is stepping in and saying its all invalid, it just goes to show how unchecked power can be a real problem 
. The fact that its not even about being qualified for the job but more about who Trump wants to appoint to certain positions is really concerning 
. Its like they're trying to stack the deck in their favor, and its up to the courts now to say no... hopefully the courts will keep pushing back on this kind of thing 
Can't believe Trump's people think they can just appoint anyone without Senate confirmation! 
i mean i get it, no senate confirmation and all that but whats the big deal? its like when me and my friend swap places at school without getting permission from our parents 
i hope this sets a precedent for future appointments being checked by the courts more thoroughly. its only fair that someone with experience in criminal law gets the top spot 
and now courts r like "uh no" 
whats next gonna be someone who thinks they can just wing it as a top prosecutor? 
anyway, glad the system is catching up with trump's admin...at least there r some checks in place 
. i mean shouldn't a president have some say in who they wanna appoint? and why does this law even exist? like isn't that just part of the checks and balances thing? anyway its kinda weird that habba gets reappointed as "special attorney" but still not the real deal 