Appeals Court Strips Habba of New Jersey U.S. Attorney Post
A federal appeals court ruled that Alina Habba was unlawfully serving as New Jersey’s top federal prosecutor after an acting appointment bypassed Senate confirmation, with potential impact on ongoing cases.
A U.S. appeals court ruled that Alina Habba, once described as President Donald Trump’s personal lawyer, was unlawfully serving as the top federal prosecutor for New Jersey. The decision questions the legality of her appointment and could affect ongoing cases in the state.
Background
Earlier this year, the President nominated Habba to be the U.S. Attorney for New Jersey. Because the Senate did not confirm her, a district court rejected the nomination, and the administration placed her in an acting role to fill in temporarily.
Ruling details
The appellate panel determined that using an acting appointment to bypass Senate confirmation violated the Federal Vacancies Reform Act, a law that governs how vacancies at the top levels of the Justice Department are filled. The ruling stresses that such rules exist to maintain proper oversight and accountability in federal offices.
Impact for New Jersey cases
If Habba’s role is found unlawful, the Justice Department may need to appoint a new U.S. Attorney for New Jersey to oversee federal prosecutions there, potentially altering the course of cases already in progress. The decision adds to growing scrutiny of how political appointees take senior prosecutorial posts.
Expert view
Expert perspective: Legal analysts say the decision reinforces the importance of Senate confirmation for high-level federal posts and may tighten rules on interim appointments. It could influence how prosecutors operate in New Jersey in the months ahead.
Summary
In short, the court found Habba’s appointment unlawful under FVRA, which may push the DOJ to appoint a new, properly confirmed U.S. Attorney for New Jersey. The ruling highlights the need to follow established procedures for senior federal roles and could affect ongoing prosecutions. It reflects a broader focus on how political processes intersect with courtroom administration.
Key insight: The ruling underscores the need for proper, Senate-confirmed appointments for top federal posts and could reshape prosecutions in New Jersey. BBC coverage