Appeals court disqualifies ex Trump lawyer Alina Habba 3,0 as New Jersey prosecutor
A US appeals court has ruled that Alina Habba, former personal lawyer to Donald Trump, was unlawfully serving as New Jersey’s top federal prosecutor. The decision is expected to impact dozens of criminal cases across the state.
President Trump selected Habba to serve as US attorney earlier this year, but her nomination was rejected at district court level. The administration then placed her in the post on an acting basis, bypassing Senate confirmation.
On Monday, appellate judges concluded that the move violated the Federal Vacancies Reform Act. Habba is now the second Trump appointed prosecutor to be disqualified in recent weeks.
Judge Michael Fisher, writing for the court, noted that it was “apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place.”
The BBC has requested comment from Habba’s office, the White House and the Department of Justice.
Alina habba disqualified nj prosecutor
Three lawyers who brought the challenge, Abbe David Lowell, Gerry Krovatin and Norm Eisen, said in a joint statement that the ruling marked “the first time an appeals court has ruled that President Trump cannot usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions.”
They added that they will continue contesting similar appointments whenever appropriate.
Habba, 41, joined Trump’s legal team in 2021 after reportedly meeting him at his Bedminster golf club. She later represented him in his New York hush money case, in which he was convicted on 34 counts of falsifying business records. Trump is appealing that conviction.
Before becoming acting US attorney, Trump had publicly praised Habba as “unwavering in her loyalty” and said she would serve as his presidential counsellor in his second administration.
Monday’s ruling could force the justice department to appoint a new official to oversee federal prosecutions in New Jersey.
The decision followed a challenge by three defendants facing charges in the state, who argued that Habba had been illegally installed. A federal judge agreed in August, but his order was paused pending the appeal.
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Habba’s case is not isolated. Last week, criminal charges against former FBI Director James Comey and New York Attorney General Letitia James were dismissed after a judge found that the US attorney leading the case, Lindsey Halligan, had also been improperly appointed.
In October, a district judge barred Bill Essayli from continuing as acting US attorney for the Southern District of California after ruling he had exceeded the legal time limit for holding the interim post. Essayli has remained in charge through his role as first assistant US attorney, a decision defence lawyers are now trying to overturn.
Similarly, in September, Nevada’s lead federal prosecutor Sigal Chattah was disqualified after a judge found she too was unlawfully serving in an acting capacity.
