A significant judicial decision has upended the leadership of New Jersey’s federal prosecutor’s office. The U.S. Court of Appeals for the Third Circuit ruled on Monday that Alina Habba, personally selected by former President Donald Trump for the role, has been serving unlawfully as the U.S. Attorney for New Jersey. This verdict casts doubt on the legitimacy of numerous criminal proceedings she has overseen.
The controversy stems from the administration’s circumvention of the standard nomination process. After a district court initially rejected Habba’s formal nomination earlier this year, the Trump administration appointed her using a procedural mechanism that allowed her to serve in an ‘acting’ capacity, thereby avoiding the requisite Senate confirmation. The appellate court determined this maneuver to be a direct violation of the Federal Vacancies Reform Act, legislation designed to check executive overreach in appointments.
This case represents the second instance in recent weeks where a Trump-appointed prosecutor has been disqualified on similar grounds. The ruling emerged from a legal challenge filed by three defendants facing criminal charges in New Jersey, who contested the legality of Habba’s authority to prosecute them. Writing for the court, Judge Michael Fisher noted, ‘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 Department of Justice must now swiftly appoint a lawfully confirmed prosecutor to assume supervision of all federal criminal cases in the district. This development follows a related ruling last week in Virginia, where cases against former FBI Director James Comey and New York Attorney General Letitia James were dismissed because the interim prosecutor, Lindsey Halligan, was also deemed unlawfully appointed.