A panel of judges upheld the disqualification of Alina Habba from her role as acting US Attorney for the District of New Jersey.
Judge Michael Fischer, writing for the other judges of the Third Circuit Court of Appeals in a ruling shared on Monday, found that Habba’s appointment by President Donald Trump violated the Federal Vacancies Reform Act. Fischer said that Trump’s second term has been marked by “difficulties” in properly appointing top attorneys.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Fischer wrote.
Earlier in the year, three people being prosecuted by Habba in New Jersey argued that their case should be thrown out since Habba was unlawfully serving in her position. Their case was not thrown out, but a lower court judge found that Habba was serving illegally and should be disqualified. Habba’s appointment circumvented congressional approval, the lower court ruled. The appeals court agreed.
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In August, Trump was hamstrung while attempting to get the Senate to confirm Habba, who previously worked as the president’s personal attorney. He raged at Senate Republicans over the perceived snub. New Jersey Democratic Senators Andy Kim and Cory Booker criticized the “extraordinary and unlawful steps” taken by the Trump administration on behalf of Habba.
“U.S. Attorneys must be independent and installed consistent with the rule of law, not because of their political loyalty or through political maneuvering,” their joint statement read.
