Trendpills
A federal appeals court on Monday unanimously ruled that Alina Habba, a former lawyer and close ally of President Donald Trump, is disqualified from serving as the U.S. Attorney for the District of New Jersey. The decision by the 3rd U.S. Circuit Court of Appeals in Philadelphia affirms a lower court's finding that her continued tenure in the top federal prosecutor role violated federal law.
The case centered on the interpretation of the Federal Vacancies Reform Act (FVRA), which limits how long an individual can serve in an acting capacity without being confirmed by the Senate. Habba was appointed as acting U.S. Attorney, and her nomination was later sent to the Senate. However, the White House withdrew the nomination before a confirmation vote could occur. The Justice Department argued that this withdrawal effectively reset the clock on her acting term, a position the court soundly rejected.
In the 3-0 decision, the court stated that the administration's interpretation would create a "backdoor mechanism" to circumvent the Senate's constitutional role of advice and consent for major government appointments. Writing for the panel, Judge Arianna J. Freeman noted that such a maneuver would allow a president to keep an unconfirmed appointee in office indefinitely. The legal battle over her appointment has raised significant questions about executive authority and congressional oversight.
This ruling upholds a September decision by a district court judge who first found Habba's appointment to be unlawful after her initial term limit expired. The unanimous three-judge panel decision creates uncertainty regarding the legal validity of actions and prosecutions initiated by the U.S. Attorney's Office under Habba's leadership since her tenure was legally challenged. Following the court's order, First Assistant U.S. Attorney K. Tory F Fenton is expected to take over the office in an acting capacity.
The Department of Justice, which had defended the legality of Habba's position, has not yet announced whether it will appeal the decision to the full appeals court or the Supreme Court. Habba, a managing partner of a law firm in Bedminster, New Jersey, rose to prominence as a legal spokesperson and senior advisor for Trump before her appointment as the state's chief federal law enforcement officer. This disqualification marks a significant judicial check on presidential appointments.
