Ex-Trump lawyer illegally serving as New Jersey prosecutor

Article content

The Donald Trump administration was tripped up by another legal hurdle Monday when the U.S. president’s former personal lawyer was again disqualified from serving as New Jersey’s top federal prosecutor.

Article content

A panel of 3rd U.S. Circuit Court of Appeals judges backed a lower-court ruling that found the White House violated the law by using of a series of manoeuvres to install Alina Habba in the position without Senate support.

Article content

Article content

“Under the government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. attorney indefinitely,” the three-judge panel wrote, via CNN. “This view is so broad that it bypasses the constitutional (appointment and Senate confirmation) process entirely.”

The court’s ruling dealt another legal blow to the Trump White House in its bid to have Habba continue to serve as acting U.S. attorney for New Jersey, which The Associated Press described as a “powerful post” tasked with enforcing federal and criminal law.

Article content

Article content

Ripple effect in other key jurisdictions?

The ruling could also have a ripple effect in key jurisdictions where the Trump administration doesn’t have Senate-confirmed U.S. attorneys, CNN reported, like the Los Angeles and Las Vegas areas.

Trump named Habba the interim U.S. attorney for New Jersey earlier this year, but she resigned when it was clear district court judges were not going to name her U.S. attorney as the limit for her interim appointment was approaching, CNN reported.

Attorney General Pam Bondi then named Habba a special attorney before designating her the title of first assistant U.S. attorney, CNN reported. She was then delegated the authority of U.S. attorney.

Habba, whose interim appointment expired without the aforementioned Senate confirmation, said in a post on X after an Oct. 20 court hearing that she was fighting “on behalf of 26 U.S. attorney candidates who have been denied the opportunity for a Senate hearing.

Article content

“The president appoints individuals to carry out the mission of this administration and that mandate should be respected,” she said.

George W. Bush, Barack Obama appointees on judges panel

The White House did not immediately comment on the ruling, the AP reported, instead referring questions to the Justice Department. The AP also left messages with the U.S. Attorney’s Office in New Jersey, Habba’s personal assistant and the Justice Department.

CNN also had not received a comment from the Justice Department.

The judges panel included George W. Bush appointees D. Brooks Smith and D. Michael Fisher as well as Barack Obama appointee Luis Felipe Restrepo.

RECOMMENDED VIDEO

We apologize, but this video has failed to load.

Play Video

Ruling comes after similar issues in Comey, James cases

The appellee’s lawyers, however, said the decision shows Habba is serving in her post unlawfully.

Article content

“We will continue to challenge President Trump’s unlawful appointments of purported U.S. attorneys wherever appropriate,” Abbe Lowell, Gerry Krovatin and Norm Eisen said in a statement to AP.

The ruling came on the heels of a federal judge concluding the interim U.S. attorney for the Eastern District of Virginia, Lindsey Halligan, was unlawfully appointed in dismissing criminal charges against former FBI director James Comey and New York Attorney General Letitia James.

Halligan was also a member of Trump’s personal legal team.

The Justice Department has said that it plans to appeal the rulings in the Comey-James case.

Article content