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Third Circuit: Alina Habba Not Legally Serving As Acting NJ US Attorney

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President Donald Trump’s former personal lawyer Alina Habba, whom the administration has maneuvered to keep in place as New Jersey top federal prosecutor, is disqualified from serving in the role, an appeal court wrote Monday in the 32-page opinion.

A district court said in August Habba’s appointment was done with a “novel series of legal and personnel moves” and that she was not lawfully serving as U.S attorney for New Jersey.

This ruling further stymies the Trump administration’s use of unusual tactics meant to quickly put or keep largely unqualified U.S. attorneys in place without Senate confirmation.

The Habba case comes after several people charged with federal crimes in New Jersey challenged the legality of Habba’s tenure. They sought to block the charges, arguing she didn’t have the authority to prosecute their cases after her 120-day term as interim U.S. attorney expired.

A similar dynamic is playing out in California, upstate New York, and in Nevada, where a federal judge disqualified the Trump administration’s pick to be U.S. attorney there.

Last week, a federal court disqualified Lindsey Halligan in the Eastern District of Virginia and tossed the politically charged cases she brought against the president’s political enemies: former FBI Director James Comey and New York Attorney General Letitia James.