Listen to this articleThe Third U.S. Circuit Court of Appeals ruled Dec. 1 that Alina Habba – President Donald Trump‘s former personal lawyer – is unlawfully serving as the acting U.S. attorney for New Jersey, according to several media reports.
In the 32-page opinion, the panel wrote that “the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place. Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced—yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”
The panel concluded that Habba’s appointment violates the Federal Vacancies Reform Act. The provision “authorizes certain people to perform that officer’s duties in an acting capacity subject to time limitations.”
According to Politico, the Trump administration could appeal the ruling to the Supreme Court.
In August, the Department of Justice appealed a federal judge’s decision barring Habba from serving in the position. Philip Sellinger vacated the seat Jan. 8. Since then, a string of acting U.S. attorneys have filled the position temporarily:
U.S. Attorney for New Jersey: A timeline
The U.S. Attorney’s Office for the District of New Jersey did not immediately respond to a request for comment.
Stay tuned to NJBIZ for the latest on this developing story.
