Alina Habba, US President Donald Trump’s former personal attorney, was disbarred from serving as US attorney for New Jersey on Monday, a decision that could have far-reaching implications for Trump administration legal appointments across the country.
The decision was made by a three-judge panel of the 3rd U.S. Circuit Court of Appeals, which upheld a lower court’s finding that the Trump administration broke the law by using a series of maneuvers to install Habby as U.S. attorney for New Jersey after the 41-year-old failed to win Senate approval.
“It is clear that the current administration has been frustrated by some of the legal and political obstacles preventing them from getting their appointees in place,” the circuit court of appeals noted, adding that “the citizens of New Jersey and the loyal staff of the U.S. Attorney’s Office deserve some clarity and stability,” according to an Associated Press (AP) report.
“Under the government’s delegation theory, Habba can avoid the gauntlet of presidential appointment and Senate confirmation and serve as de facto U.S. attorney indefinitely. That view is so broad that it completely bypasses constitutional (Senate appointment and confirmation),” CNN quoted the panel as saying in its 32-page opinion.
“We will confirm the district court’s disqualification decision,” the panel concluded.
The circuit court’s decision to uphold Habby’s disqualification comes as the Trump administration pushes for the 41-year-old to remain acting U.S. attorney for New Jersey, a position that is responsible for enforcing federal criminal and civil law within its jurisdiction.
It also comes amid several judges questioning the Trump administration’s moves to keep Habba in office despite the expiration of her temporary appointment and her failure to win Senate confirmation.
Why the decision matters
While the court on Monday upheld Habbo’s disqualification, the ruling could impact other jurisdictions where the Trump administration does not have Senate-approved U.S. attorneys, including key areas such as Los Angeles and Las Vegas.
To illustrate, a district court last week threw out two indictments against former FBI Director James Comey and New York Attorney General Letitia James after finding that Lindsey Halligan, the U.S. Attorney for the Eastern District of Virginia, served illegally.
what’s next
At this time, it is unclear who will replace Habba as the US attorney for New Jersey, and what happens next will depend on how the US Department of Justice reacts to the court’s decision.
The Justice Department has two options: It could further appeal the case by asking a full bench of the 3rd U.S. Circuit Court of Appeals to rehear the argument in Habbo’s case. Alternatively, it could go straight to the US Supreme Court.
The US Department of Justice had not commented at the time of writing.
