Appeals court disqualifies Alina Habba as U.S. attorney for New Jersey
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Alina Habba delivers remarks in the Oval Office at the White House on March 28 in Washington, D.C. Photo: Andrew Harnik/Getty Images
A federal appeals court on Monday disqualified President Trump's former personal attorney Alina Habba from serving as U.S. attorney for New Jersey.
The big picture: Trump has installed loyalist attorneys to several prominent posts, but the courts have thwarted him in certain cases.
- "Under the Government's delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely," the ruling by a three-judge panel said.
- The panel consisted of 3rd U.S. Circuit Court of Appeals Judges D. Brooks Smith and D. Michael Fisher, both appointed by former President George W. Bush, and Judge L. Felipe Restrepo, appointed by former President Obama. They found that her appointment violated the Federal Vacancies Reform Act.
- The Justice Department and the U.S. Attorney's Office for the District of New Jersey did not immediately respond to Axios' request for comment.
Catch up quick: Habba was appointed to the post on an interim basis in March, a designation that could last for 120 days.
- Trump then nominated her for the permanent post in June, but the Senate never acted on her nomination, which the president eventually withdrew on July 24.
- That same day, Attorney General Pam Bondi appointed Habba as a special attorney to conduct "any kind of legal proceedings ... which United States Attorneys are authorized to conduct."
- A federal judge ruled in August that Habba was acting without legal authority for about two months, at that point. Her actions since July 1 may be considered void, U.S. District Judge Matthew Brann wrote at the time.
Zoom out: In a separate case, a federal judge ruled another Trump U.S. attorney appointment — Lindsey Halligan for the Eastern District of Virginia — was "defective."
- In Nevada, a federal judge ruled in September that Trump loyalist Sigal Chattah had been unlawfully serving as acting U.S. attorney since late July. Her disqualification was paused while the Justice Department appealed the decision.
- A federal judge in October disqualified the U.S. attorney in Los Angeles, Bill Essayli.
Read Monday's ruling:
Go deeper: Alina Habba "unlawfully appointed" New Jersey AG, federal judge rules
Editor's note: This story has been updated with details throughout.
