A federal appellate court on Monday ruled against Alina Habba’s appointment as the head of the U.S. attorney’s office in New Jersey, another strike against the Trump administration’s push to install allies among the ranks of U.S. attorneys outside of the Senate confirmation process.
A three-judge panel from the U.S. Court of Appeals for the 3rd Circuit unanimously ruled the Trump administration’s series of personnel moves to put Habba in the role of acting U.S. attorney did not comply with laws regarding who can serve in office when there is a vacancy.
Habba is not eligible to serve as acting U.S. attorney under the Federal Vacancies Reform Act “because she was not the First Assistant U.S. Attorney at the time the vacancy arose,” the ruling stated.
