A federal court of appeals ruled on Monday that Alina Habba, who previously served as personal counsel for President Donald Trump, is unlawfully holding the office of US Attorney for New Jersey. This decision represents a legal setback for the Trump administration, potentially leading to wide-ranging effects on other federal appointments nationwide.
A tribunal comprising three appellate judges from the 3rd US Circuit Court of Appeals affirmed a lower court’s conclusion: the administration contravened the law by employing a series of procedural moves to install Habba after failing to secure Senate approval.
“Under the mechanism the Government proposes for delegation, Habba could bypass the required presidential nomination and Senate confirmation process, enabling her to serve indefinitely as the de facto U.S. Attorney,” stated the unanimous panel. “Such an interpretation is so broad that it effectively nullifies the constitutional vetting process involving both presidential appointment and Senate consent.”
The judgment may influence the outcomes in several critical judicial districts where the Trump administration currently lacks Senate-confirmed US Attorneys, notably those covering the Los Angeles and Las Vegas vicinities.
Just last week, a district court dismissed two indictments against former FBI Director James Comey and New York Attorney General Letitia James, based on the finding that Lindsey Halligan was serving illegally as the US Attorney for the Eastern District of Virginia.
Although the 3rd Circuit’s rulings apply specifically to New Jersey, Pennsylvania, Delaware, and the US Virgin Islands, decisions from appellate courts often receive considerable weight in other regions, particularly when addressing novel legal questions.
It remains uncertain who will now head the US attorney’s office following this decision. The Justice Department has the option to pursue further appeals by requesting a rehearing before the entire body of 3rd Circuit judges or by proceeding directly to the US Supreme Court.
CNN has sought comment from the Justice Department.
An attorney representing Julien Giraud, Jr., one of the three defendants who challenged Habba’s authorization to serve, expressed satisfaction with the court’s finding.
“The panel delivered a decision that is both clear and meticulously reasoned. It acknowledges the significant authority granted to US attorneys while simultaneously upholding the statutory boundaries Congress established for occupying those posts,” commented Thomas Mirigliano. “We appreciate the court’s thorough consideration and the clarity it provides on this vital matter.”
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In the districts where US Attorneys were deemed to be serving without proper authority, criminal proceedings have largely continued, although some judges have opted to suspend trials or sentencing hearings. Thus far, except in matters pertaining to Halligan, judges have not invalidated indictments brought forth by defendants who successfully challenged appointments, as they determined other federal prosecutors were already engaged in the cases.
Lawyers for Trump had appealed the ruling made by Judge Matthew Brann, arguing he was mistaken in concluding that Habba’s tenure was illegitimate because she was not the first assistant US attorney when the vacancy for US Attorney arose. Furthermore, they contended that Habba should be authorized to function as US Attorney based on authority delegated to her as a special attorney by Attorney General Pam Bondi.
Trump had appointed Habba as the interim US Attorney for New Jersey earlier this year. When the 120-day period for interim appointments was nearing its end, and it became apparent that district court judges would not confirm her as the permanent US Attorney, Habba stepped down. Bondi then appointed Habba as a special attorney and designated her as the first assistant US attorney, subsequently delegating the full authority of the US Attorney to her.
The three-judge panel consisted of Judges Michael Fisher and D. Brooks Smith, both appointed by former President George W. Bush, alongside Judge Felipe Restrepo, an appointee of former President Barack Obama.
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