Setback For Alina Habba As Court Upholds Trump Aide's Disqualification As US Attorney For New Jersey
The decision was taken by a panel of three appellate judges with the 3rd US Circuit Court of Appeals, which upheld a lower court's finding that the Trump administration broke the law by using a series of manoeuvres to install Habba as US attorney for New Jersey after the 41-year-old failed to get the Senate's approval.
Also Read | Trump to share 'perfect' MRI results but US Prez is 'unclear' of which body part“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place," the Circuit Court of Appeals observed, noting that "the citizens of New Jersey and the loyal employees in the US Attorney's Office deserve some clarity and stability," as per a report by the Associated Press (AP).
“Under the Government's delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto US Attorney indefinitely. This view is so broad that it bypasses the constitutional (appointment and Senate confirmation) process entirely," CNN quoted the panel as writing in its 32-page opinion.
“We will affirm the District Court's disqualification order," the panel concluded.
Also Read | Trump defends asylum freeze after Afghan shooter arrest- 'Get bad people out'The decision by the Circuit Court of Appeals to uphold Habba's disqualification comes at a time when the Trump administration has been pushing to keep the 41-year-old as the acting US attorney for New Jersey, a post that carries the responsibility of enforcing federal criminal and civil law within its jurisdiction.
It also comes on the back of several judges questioning the Trump administration's moves to keep Habba in the post despite the expiry of her interim appointment and her failure to get Senate confirmation.
Also Read | Melania Trump's White House Christmas display features LEGO portraits, 51 trees Why the ruling mattersWhile the court on Monday upheld Habba's disqualification, the ruling could have an impact on other jurisdictions where the Trump administration does not have Senate-approved US attorneys, including in key areas like Los Angeles and Las Vegas.
To illustrate, a district court last week junked two indictments against former FBI Director James Comey and New York Attorney General Letitia James after finding that Lindsey Halligan, the US attorney for the Eastern District of Virginia was serving unlawfully.
Also Read | Trump backs Hegseth, denies second strike order-'I believe him 100%' What happens next?At the moment, it is unclear who will succeed Habba as the US attorney for New Jersey, and what happens next will depend on how the US Justice Department reacts to the court's ruling.
Two options lie before the Justice Department: it could appeal the case further by asking the full bench of judges of the 3rd US Circuit Court of Appeals to re-hear the argument on Habba's case. Alternatively, it could go directly to the US Supreme Court.
At the time of writing, the US Justice Department had not commented.
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