Dec. 1 (UPI) — A federal appeals court on Monday upheld a lower court’s ruling finding that acting U.S. Attorney Alina Habba lacks the authority to prosecute federal cases in New Jersey.
The 3rd U.S. Circuit Court of Appeals said Habba, a former personal attorney for President Donald Trump, is unqualified to be a U.S. attorney and should be disqualified from cases going forward. The decision upholds the August ruling of Judge Matthew Branns of the U.S. District Court for the Middle District of Pennsylvania.
Trump appointed Habba as interim U.S. attorney for New Jersey in March, a temporary position that was legal for only 120 days, until July 1. A panel of judges appointed federal prosecutor Desiree Grace to replace Habba after her term expired.
Attorney General Pam Bondi, however, fired Grace and used a federal loophole to declare Habba the deputy U.S. attorney, which made her the acting U.S. attorney since no one held the top spot.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” wrote Judge D. Michael Fisher, who was appointed by former President George W. Bush.
“Its efforts to elevate its preferred candidate for U.S. attorney for the District of New Jersey, Alina Habba, to the role of acting U.S. attorney demonstrate the difficulties it has faced — yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”
Trump formally nominated Habba to be the permanent U.S. attorney in June, but the Senate declined to take up the nomination.
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