Trump's "unlawful" appointment of Alina Habba struck down by appeals court
Washington DC - An appeals court on Monday struck down an attempt by President Donald Trump to bypass the customary Senate confirmation process and appoint his former personal lawyer to a post as a top federal prosecutor.
A three-judge panel ruled unanimously that Alina Habba (41) has been unlawfully serving as the US Attorney for the District of New Jersey.
It was the second time in a week that a federal court has ruled that a US attorney picked by Trump was unlawfully appointed.
Last week's ruling led to the dismissal of criminal cases brought against two of Trump's political foes – former FBI director James Comey and New York Attorney General Letitia James.
In that case, District Judge Cameron Currie disqualified Trump appointee Lindsey Halligan from serving as the acting US Attorney for the Eastern District of Virginia and threw out the indictments she obtained against Comey and James.
Federal prosecutors are subject to Senate confirmation. Currie said Halligan had been unlawfully appointed because her predecessor was also serving in an acting capacity, and US law does not allow two successive interim prosecutors.
Halligan's predecessor as acting US attorney, Erik Siebert, stepped down after reportedly telling Justice Department leaders there was insufficient evidence to charge Comey and James.
In Habba's case, the US Court of Appeals for the Third Circuit panel upheld a lower court ruling that her appointment violated the law regarding the filling of federal vacancies.
Appeals court judges say Habba's appointment "should raise a red flag"
"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 judges said.
"This view is so broad that it bypasses the constitutional [appointment and confirmation] process entirely," they said, and "should raise a red flag."
The Trump Justice Department is expected to appeal the ruling in the Habba case to the conservative-dominated Supreme Court.
The Trump administration's appointments of interim US attorneys without Senate confirmation in at least two other states – California and Nevada – have also been met with legal challenges.
The charges against Comey and James came after Trump publicly urged Attorney General Pam Bondi to take action against individuals he sees as enemies – a stunning departure from the principle that the Justice Department must be free from White House pressure.
Since taking office in January, Trump has taken a number of punitive measures against perceived political opponents, purging government officials he deems to be disloyal, targeting law firms involved in past cases against him, and pulling federal funding from universities.
Cover photo: SAUL LOEB / AFP