"Habba, the parking garage lawyer plucked from obscurity by Donald Trump to help him rack up a million dollars in sanctions, had served as Interim U.S. Attorney for the District of New Jersey until the statutory 120-day limit on that post expired. At that point, without a duly confirmed U.S. Attorney, the district judges fulfilled their legal duty and appointed one."
"The Third Circuit affirmed what Judge Matthew Brann ruled back in August: you cannot play an elaborate game of musical chairs with interim appointments and "special attorney" designations to circumvent the Senate confirmation process. The whole point of the Federal Vacancies Reform Act is to prevent exactly this kind of patronage appointment of unqualified loyalists. Now, with an appellate court confirming what we all already knew, the Habba experiment is finally over."
Alina Habba announced she is stepping down as Acting U.S. Attorney for the District of New Jersey. She had served as Interim U.S. Attorney until the statutory 120-day limit expired. The district judges then appointed a U.S. Attorney. The administration designated Habba as First Assistant and asserted she became Acting U.S. Attorney, but the courts disagreed. The Third Circuit affirmed that she did not lawfully hold the acting post. The Attorney General accepted Habba's resignation while the Department of Justice is appealing the Third Circuit opinion and plans to reinstate her if the appeal succeeds.
Read at Above the Law
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