A federal appeals court panel on Monday upheld Alina Habba’s disqualification as the top federal prosecutor in New Jersey, a blow to President Trump’s efforts to keep his preferred U.S. attorneys in their posts as their Senate confirmations stall.
The three-judge panel on the U.S. Court of Appeals for the 3rd Circuit ruled unanimously that Habba, a former personal lawyer to Trump, is not lawfully serving as U.S. Attorney for the District of New Jersey.
The judges also barred her from serving in the role in an “acting” capacity, after the Trump administration created a workaround to keep her in place.
“Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced — yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability,” he said.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” wrote Judge D. Michael Fisher, an appointee of former President George W. Bush, for the panel.
“Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced — yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability,” he said.