A federal appeals court has found that Trump appointee Alina Habba’s tenure as interim U.S. attorney exceeded statutory limits and was therefore invalid.

By yourNEWS Media Newsroom

The U.S. Court of Appeals for the Third Circuit on Monday disqualified Alina Habba from serving as U.S. attorney for New Jersey, ruling that her appointment was not legally valid under federal law.

The decision, issued by a three-judge panel on December 1, came after multiple defendants challenged the legitimacy of Habba’s position, arguing that she was unlawfully occupying the post beyond the authorized term. “It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” the panel wrote in its opinion.

President Donald Trump appointed Habba as interim U.S. attorney in March and later submitted her nomination to the Senate. The nomination stalled and was never brought to a vote. Under the Federal Vacancies Reform Act, her interim authority expired after 120 days, prompting the court to designate her first assistant, Desiree Grace, to assume the role on July 22.

Following that appointment, three defendants facing prosecution under Habba’s tenure filed lawsuits contending that she continued to act as U.S. attorney without lawful authority. The appeals court’s ruling agreed that her service after the expiration date was unauthorized, effectively invalidating her standing in those cases.

The court’s decision highlights the legal limits on interim appointments when Senate confirmation fails and underscores the judiciary’s role in maintaining compliance with statutory succession requirements.

Original article
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