Appeals Court Disqualifies Alina Habba as Prosecutor

Acting New Jersey US Attorney Alina Habba is disqualified after the Trump administration violated federal law to keep her in post, a federal appeals court ruled Monday.

The three-judge panel unanimously upheld a lower court judge’s disqualification order that found Habba’s appointment was non-compliant with a 1998 law governing federal vacancies.

The panel, made up of two judges appointed by former President George W. Bush and one appointed by former President Barack Obama, sided with the initial ruling after hearing arguments at which Habba — a former personal attorney for Trump — was present Oct. 20.

Habba’s appointment had been challenged by defendants in two federal criminal cases out of New Jersey. The lower court judge granted their motions to disqualify her from the prosecution and invalidate her actions dating from late July, but stayed the order pending appeal.

The government argued Habba was validly serving in the role under a federal statute allowing the first assistant attorney, a post she was appointed to by the Trump administration, to “temporarily” perform the duties of US attorney.

The appeals court ruled that because Bondi did not first appoint Habba first assistant to Grace before dismissing her, Habba’s later appointment to acting US Attorney was not legal.

In addition, the judges ruled that the law barred Habba from serving as acting US attorney after President Trump nominated her for Senate confirmation June 30, despite later withdrawing the nomination to allow for her appointment to replace Grace.