Daijiworld Media Network – Washington
Washington, Dec 2: In a major setback to the Trump administration, a US appeals court on Monday struck down President Donald Trump’s attempt to bypass the mandatory Senate confirmation process and appoint his former personal lawyer, Alina Habba, as the US Attorney for the District of New Jersey.
A three-judge panel ruled unanimously that Habba, 41, had been serving unlawfully in the top federal prosecutor’s post. This marks the second time in a week that a federal court has rejected a Trump-appointed US attorney for violating the law.
Only last week, criminal cases brought against two of Trump’s key political adversaries — former FBI director James Comey and New York Attorney General Letitia James — were dismissed after another court invalidated the appointment of Lindsey Halligan as Acting US Attorney for the Eastern District of Virginia. District Judge Cameron Currie held that Halligan’s appointment was unlawful since her predecessor was also serving in an acting capacity, a situation prohibited under federal law.
Her predecessor, Erik Siebert, had reportedly stepped down after informing Justice Department leaders that there was insufficient evidence to pursue charges against Comey and James.
In Habba’s case, the US Court of Appeals for the Third Circuit upheld a lower court ruling, stating that her appointment violated federal vacancy regulations. The judges strongly rejected the government’s argument that Habba could serve indefinitely without Senate scrutiny.
“Under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto US Attorney indefinitely,” the panel observed. “This view is so broad that it bypasses the constitutional process entirely and should raise a red flag.”
The Trump Justice Department is expected to challenge the ruling before the conservative-leaning US Supreme Court.
Meanwhile, Trump’s interim appointments in California and Nevada have also been challenged in court, adding to the administration’s mounting legal troubles.
The controversy over these appointments comes amid concerns about political interference in the Justice Department. The charges against Comey and James were filed after Trump openly urged Attorney General Pam Bondi to take action against individuals he considers political enemies — a move seen as a sharp break from the long-standing principle of prosecutorial independence.
Since assuming office in January, Trump has taken several punitive steps against perceived opponents, including removing government officials he views as disloyal, targeting law firms that handled cases against him in the past, and cutting federal funding to universities.