A U.S. appeals court has determined that Alina Habba, who served as the top federal prosecutor for New Jersey at the discretion of former President Donald Trump, did so unlawfully. This ruling could have significant implications for numerous criminal cases in the state. Habba was initially selected for the role of U.S. attorney but was rejected by a district court. Subsequently, the Trump administration appointed her on an acting basis, a decision now deemed in violation of the Federal Vacancies Reform Act by the appellate judges.
As a result of this ruling, Habba has become the second prosecutor appointed by Trump to face disqualification within a short timeframe. The court found that the administration’s approach to fill the position, without Senate confirmation, was inappropriate. One of the appellate judges, Michael Fisher, noted the frustrations the current administration has encountered regarding the appointment of its nominees.
Habba, who joined Trump’s legal team in 2021, represented him during various legal challenges, including a hush-money trial in New York. Prior to her appointment as U.S. attorney, she was designated a presidential counselor by Trump. The appellate court’s ruling raises questions about who will oversee federal criminal cases in New Jersey moving forward.
The decision followed arguments made by three individuals facing criminal charges, which prompted a federal judge to rule in their favor in August, with the order paused pending the appeal. This is not an isolated incident; other Trump-appointed prosecutors have faced legal challenges over their appointments. Recently, a federal judge dismissed cases involving former FBI Director James Comey and New York Attorney General Letitia James due to irregularities in the appointment of the U.S. attorney in their cases. Similar disqualifications have occurred with other U.S. attorneys across various districts, indicating a broader issue regarding temporary appointments by the previous administration.
Source: https://www.bbc.com/news/articles/cewjg272dq9o?at_medium=RSS&at_campaign=rss