A US appeals court has ruled that Alina Habba, Donald Trump’s former personal lawyer, cannot serve as acting US attorney for New Jersey. The third circuit court of appeals in Philadelphia upheld a lower court’s decision that her appointment was unlawful.
The panel of three judges, two appointed by Republican President George W Bush and one by Democrat Barack Obama, affirmed the disqualification order on Monday. They noted that the administration’s efforts to keep Habba in the role despite legal barriers had caused confusion for the public and staff in the US attorney’s office.
Habba was appointed interim US attorney in March after serving as Trump’s lawyer and a White House adviser. Her temporary 120-day term expired in July, and she remained without Senate confirmation. Defence lawyers challenged her authority to prosecute federal crimes, arguing that her appointment violated federal law.
The ruling follows a similar case in Virginia, where a judge dismissed charges against former FBI director James Comey and New York attorney general Letitia James because the prosecutor, Lindsey Halligan, was unlawfully appointed. The justice department plans to appeal both decisions.
Habba’s tenure has been marked by political controversy. She brought a trespassing charge against Newark’s Democratic mayor, later dropped, and charged Democratic congresswoman LaMonica McIver with assault. New Jersey’s Democratic senators refused to support her permanent appointment, leaving her status unresolved since July.
