A Judge's Call: Why Alina Habba Can't Lead New Jersey's U. S. Attorney's Office

A federal appeals court made a big decision. They said Alina Habba can't be the acting U. S. attorney in New Jersey. She used to be President Trump's personal lawyer. The court said her appointment was not right. They think she broke a law called the Federal Vacancies Reform Act. Three men facing criminal charges in New Jersey challenged Habba's appointment. They said it was not legal. A lower court judge agreed with them. The judge said Habba was not lawfully in her position. So, she had to step back from the cases. The Justice Department did not like this decision. They appealed to a higher court. The appeals court also said no to Habba. They said the Trump administration's plan was not right. The plan would let anyone be a U. S. attorney forever. That's not how the law works. Habba was supposed to be the interim U. S. attorney for 120 days. But her nomination was not likely to pass. New Jersey's two senators, both Democrats, did not support her. So, the judges in New Jersey did not let her stay. They chose her deputy instead. But Attorney General Pam Bondi fired the deputy. Then, the Trump administration tried a different plan. They wanted to keep Habba in the role. First, they withdrew her nomination. Then, she resigned. Bondi appointed her as a "special attorney. " Finally, because the top prosecutor's job was empty, Habba became the acting U. S. attorney. The court said this was not right. They said it went around the law. The judges said the administration's plan was a red flag. It would let anyone be a U. S. attorney forever. That's not what the law says. The law says the president and Senate must approve these positions. The judges said the administration's plan was too broad. It would bypass the whole process. The decision was unanimous. Three judges agreed. One was appointed by President George W. Bush. Another was appointed by President Barack Obama. The last was also appointed by Bush. They all said the same thing. Habba can't be the acting U. S. attorney in New Jersey.