A federal appeals court ruled that Alina Habba is disqualified from serving as U.S. Attorney for the District of New Jersey. The decision, handed down by a panel of judges on the U.S. Court of Appeals for the Third Circuit, upheld a previous decision by a lower court.
“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 court wrote. “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.”
“Habba is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant U.S. Attorney because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the FVRA,” the court added. “Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney.”
In July, a panel of judges removed Habba from her interim role as U.S. Attorney, refusing to extend her 120‑day appointment. The judges appointed her first assistant, Desiree Leigh Grace. Attorney General Pam Bondi then removed the deputy.
Deputy Attorney General Todd Blanche said at the time that the district judges “forced out” Trump’s attorney. “It won’t work. Pursuant to the President’s authority, we have removed that deputy, effective immediately,” he wrote on social media. “This backroom vote will not override the authority of the Chief Executive.”
