Court blocks Alina Habba from acting US attorney role in New Jersey
The Third Circuit Court of Appeals ruled that the administration’s efforts to install Habba through legally questionable procedures rendered her appointment invalid as of July 1, 2025. The court upheld a lower court decision, concluding that she had not been lawfully appointed and was therefore barred from performing the duties of New Jersey’s top federal prosecutor.
The panel emphasized that only “the first assistant in place at the time of the vacancy automatically assumes acting status,” rejecting attempts to designate Habba as first assistant months after the office became vacant. It also dismissed the argument that withdrawing her permanent Senate nomination removed legal barriers, noting that “The nomination bar prevents Habba from serving as Acting U.S. Attorney ... because the withdrawal of a nomination necessarily happens after ‘the President submits a nomination.’”
Additionally, the court found the Attorney General’s effort to delegate prosecutorial powers to Habba as a special attorney unlawful, stating it bypassed constitutional requirements for Senate-confirmed appointments. “Habba is not the Acting U.S. Attorney for the District of New Jersey ... Therefore, we will affirm the District Court’s disqualification order,” the ruling concluded.
The White House has not issued an immediate response to the decision.
Legal Disclaimer:
MENAFN provides the
information “as is” without warranty of any kind. We do not accept
any responsibility or liability for the accuracy, content, images,
videos, licenses, completeness, legality, or reliability of the information
contained in this article. If you have any complaints or copyright
issues related to this article, kindly contact the provider above.
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
