Appellate Court Disqualifies Former Trump Lawyer as New Jersey Prosecutor
A federal appeals court ruled that Alina Habba's appointment as U.S. attorney for New Jersey violated the Federal Vacancies Reform Act, lacking Senate confirmation.
Overview
- A federal appeals court disqualified Alina Habba from her role as U.S. attorney for New Jersey, affirming a lower court's ruling.
- The court found that Habba's appointment violated the Federal Vacancies Reform Act due to the absence of Senate confirmation.
- This ruling represents the first appellate decision against the Trump administration's interim U.S. attorney appointments without Senate approval.
- Judges voiced concerns regarding the government's efforts to maintain Habba's position without proper confirmation, reflecting broader legal frustrations.
- The Justice Department is considering an appeal to a full panel of 3rd Circuit judges or the Supreme Court, which could affect other Trump administration appointments.
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Analysis
Center-leaning sources frame this story by highlighting the Trump administration's attempts to circumvent legal processes for appointing U.S. attorneys. They emphasize the appeals court's decision as a crucial check on executive power, using terms like "scheme" and "unlawful steps." The narrative consistently portrays the administration's actions as an effort to install loyalists outside established constitutional and statutory procedures.
"The appellate judges found on Monday that this tactic, which bypassed confirmation by the US Senate, violated the Federal Vacancies Reform Act."
BBC News"The judges on the 3rd Circuit found that the Trump administration's argument in support of Habba's role "should raise a red flag," since it would allow the Justice Department to circumvent the Vacancies Act and effectively allow anyone to hold a U.S. attorney position indefinitely."
CBS News"The appeals court ruled the maneuver was improper."
ABC News"The unanimous ruling by a three-judge panel of the Philadelphia-based 3rd U.S. Circuit Court of Appeals was the latest blow to Trump and his Justice Department as they seek to install loyalists to oversee key U.S. Attorney's offices around the country."
USA TODAY"The opinion strikes me as correct, though I won't claim to be an expert on the intricacies of the FVRA."
Reason"The Trump administration’s maneuvers to keep the president’s former lawyer Alina Habba in place as New Jersey’s top federal prosecutor were illegal and she is disqualified, a federal appeals court said Monday."
Chicago Tribune"The appeals court's decision comes just days after a federal judge dismissed criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James after finding that acting U.S. Attorney Lindsey Halligan, who was prosecuting the cases, was unlawfully appointed."
NBC News"The ruling comes amid the push by Trump’s Republican administration to keep Habba as the acting U.S. attorney for New Jersey, a powerful post charged with enforcing federal criminal and civil law."
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Center (8)
FAQ
Alina Habba was disqualified because her appointment violated the Federal Vacancies Reform Act, which requires Senate confirmation for certain high-level positions. The court ruled that her interim appointment exceeded the legal time limit and lacked proper confirmation.
The Federal Vacancies Reform Act sets limits on how long an interim official can serve without Senate confirmation. For U.S. attorneys, it generally allows 120 days for an interim appointment, after which Senate confirmation is required. Habba's appointment exceeded this limit, leading to her disqualification.
It is currently unclear who should be in charge of the New Jersey U.S. Attorney's Office. The district court judges appointed Desiree Leigh Grace as a temporary prosecutor, but she was quickly fired by the Trump administration. The situation remains unresolved pending further legal or administrative action.
This ruling is the first appellate decision against the Trump administration's practice of making interim U.S. attorney appointments without Senate confirmation. It could set a precedent affecting other similar appointments and may prompt the Justice Department to appeal to higher courts.
Desiree Leigh Grace was appointed as temporary U.S. attorney by the district court judges but was quickly fired by the Trump administration. She has since filed a grievance claiming her termination was unjustified and retaliatory.
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