3rd Circuit Upholds Ruling Against Habba's Acting U.S. Attorney Role

A three-judge panel of the U.S. Court of Appeals for the 3rd Circuit ruled on Monday that Alina Habba, a former personal attorney to President Donald Trump, was unlawfully appointed as acting U.S. Attorney for the District of New Jersey, upholding a lower court's decision to disqualify her from the role.

The unanimous decision affirmed an August ruling by U.S. District Judge Matthew Brann, who found that the Justice Department's maneuvers to install Habba violated the Federal Vacancies Reform Act and a related statute, 28 U.S.C. Section 546. These laws govern temporary appointments to fill vacancies in U.S. Attorney positions, requiring adherence to specific eligibility criteria and time limits to prevent circumvention of Senate confirmation.

Habba's appointment began in March, when Trump named her interim U.S. Attorney for the district following a vacancy. She had been nominated for the permanent role, but the Senate did not confirm her, prompting the administration to pursue alternative steps. As her 120-day interim term under Section 546 neared its end, the U.S. District Court for New Jersey issued a standing order designating Desiree Grace, the first assistant U.S. Attorney,...