Alina Habba Booted From NJ AG Post as Judges Uphold Disqualification' Ruling

"The unanimous 3-0 ruling by the Third Circuit Court of Appeals, delivered by a panel made up of two Bush-era judges and one Biden appointee, cemented a months-long confrontation between the Trump administration and the state's federal judiciary in a bid to put Habba in charge of the state's U.S. attorney's office. Habba, whose surprise elevation from counselor to the president to acting U.S. attorney ignited immediate resistance inside New Jersey's federal courts, was found to be unlawfully serving in the post."

"The case traces back to July, when New Jersey's district judges attempted to install their own nominee at the end of Habba's 120-day acting term. Defendants across New Jersey challenged the move, arguing they were entitled to a constitutional right to be prosecuted only by a duly authorized United States Attorney. Their filings warned that the illegitimacy of Ms. Habba's appointment undermines fundamental due process rights."

"The appellate judges ultimately agreed in Monday's ruling, finding that Bondi could not bypass the Federal Vacancies Reform Act by installing Habba as either acting U.S. attorney or First Assistant. The panel noted that only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office, and added that Bondi's delegation of all the powers of a U.S. Attorney to Habba was expressly prohibited."

A federal appeals court affirmed a lower-court order preventing Alina Habba from serving as New Jersey's U.S. attorney. The Third Circuit concluded Habba was unlawfully serving after Attorney General Pam Bondi blocked the district judges' nominee, removed her, and promoted Habba following a 120-day acting term. Defendants argued prosecutions must be led by a duly authorized U.S. Attorney and raised due process concerns. The court held Bondi could not bypass the Federal Vacancies Reform Act by designating Habba as acting U.S. attorney or First Assistant, and that only the first assistant present when the vacancy arises may automatically assume the office's duties.

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