Appeals Court Strips Trump-Appointed NJ US Attorney's Position

Post by : Mina Rahman

An appeals court has determined that Alina Habba, who served as the acting US attorney for New Jersey and was a former legal representative for President Donald Trump, held her position unlawfully. This ruling could have significant implications for various federal cases in the state.

Appointed by Trump earlier this year, Habba's nomination was rejected by a district court, leading the administration to place her in an acting capacity without Senate confirmation. On Monday, appellate judges ruled this action was inconsistent with the Federal Vacancies Reform Act.

This ruling marks another instance of a Trump-appointed US attorney facing disqualification. Judge Michael Fisher highlighted the “legal and political barriers” the administration encountered in appointing their preferred candidates.

Legal experts who contested Habba’s authority deemed the decision historic, marking a rare instance where an appeals court has intervened to restrict a president's ability to sidestep statutory and constitutional processes in appointing key federal officials.

Habba, at 41, joined Trump’s legal team in 2021 and represented him in the New York hush-money case, leading to his conviction on several counts of business record falsification. Prior to her US attorney appointment, she was appointed as Trump’s presidential counselor, recognized for her dedication and defense of the former president.

This decision follows an earlier federal court ruling favoring three New Jersey defendants who contended that Habba’s appointment was illegitimate.

Recent actions have seen other Trump-appointed prosecutors in Virginia, California, and Nevada disqualified for not adhering to legal standards, thus impacting pending federal cases.

In light of this ruling, the Justice Department may be compelled to appoint a new prosecutor in New Jersey to manage federal criminal matters in accordance with federal law.