An appeals court has disqualified Alina Habba, Donald Trump's former personal lawyer, from serving as the acting US attorney for New Jersey. The ruling from the third US circuit court of appeals in Philadelphia upheld a lower court's decision that her appointment was unlawful.
The panel of judges wrote that the administration's efforts to keep Habba in the role demonstrated difficulties in getting appointees confirmed, adding that the citizens of New Jersey and employees of the US attorney's office deserve clarity and stability. The court affirmed the disqualification order.
Habba's appointment had been challenged by defendants in federal criminal cases who argued she lacked authority after her 120-day interim term expired. The government had argued she was validly serving under a statute allowing the first assistant attorney to act.
Habba is not the only Trump administration prosecutor facing legal challenges. A federal judge recently dismissed cases against former FBI director James Comey and New York attorney general Letitia James after ruling the prosecutor was unlawfully appointed. The justice department plans to appeal.
Habba served as Trump's attorney before his second term and later as a White House adviser. She expressed a desire to help 'turn New Jersey red' and brought controversial charges, including a trespassing case against Newark mayor Ras Baraka that was later dropped, and an assault charge against US representative LaMonica McIver, which she denies.
Her future in the role had been uncertain since July when her temporary appointment ended and New Jersey's Democratic senators indicated they would not support her confirmation. The appeals court ruling is the latest setback for the Trump administration's efforts to install her as top federal prosecutor in the state.
