In a major blow to the Trump administration, a federal appeals court unanimously ruled Monday that Alina Habba is serving unlawfully as the U.S. attorney for New Jersey. The decision upheld a lower court ruling that she’s disqualified from being in the position and that her appointment violated the Federal Vacancies Reform Act.
Habba, a former personal attorney to President Donald Trump, was installed as acting U.S. Attorney after her interim 120-day stint expired. Monday’s ruling found the Trump administration attempted to bypass the Senate confirmation process by keeping Habba in the role in an acting capacity indefinitely.
In a statement, U.S. Sens. Cory Booker and Andy Kim said the decision vindicates their concerns about the process and asked the administration to work with them to identify a qualified replacement.
“The Court’s ruling underscores a simple but fundamental principle: U.S. Attorneys must be independent and installed consistent with the rule of law, not because of their political loyalty or through political maneuvering,” read the statement. “The Trump Administration’s attempt to bypass clear legal requirements to install a loyalist undermined the legitimacy of the U.S. Attorney’s Office in New Jersey and cast a shadow over the cases she oversaw.”
The case still could end up before the U.S. Supreme Court, as legal experts say it’s the Justice Department’s only option left to keep Habba on the job.
