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LetMyPeopleVote

(173,407 posts)
Mon Dec 1, 2025, 09:35 AM Monday

Appeals court upholds disqualification of Alina Habba as New Jersey's top federal prosecutor

The 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.

Read "Appeals court upholds disqualification of Alina Habba as New Jersey’s top federal prosecutor" on SmartNews: l.smartnews.com/p-6GX6rWX6/8...

(@chitraraj.bsky.social) 2025-12-01T14:30:51.530Z

https://www.politico.com/news/2025/12/01/alina-habba-appeals-court-ruling-00671224

A panel of appeals court judges on Monday upheld the disqualification of Alina Habba, the top federal prosecutor in New Jersey, rejecting President Donald Trump’s use of unconventional methods to install loyalists atop U.S. attorney offices across the country.

“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Judge D. Michael Fisher, an appointee of President George W. Bush, wrote in the 32-page opinion. “Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced — yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”

The 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. Defendants are also challenging the authority of U.S. attorneys in California, Nevada, upstate New York and Virginia.

The Trump administration could appeal Monday’s ruling to the Supreme Court. Spokespeople for the Trump administration and Habba didn’t immediately respond to requests for comment.

In August, a lower-court judge ruled that Habba is serving unlawfully, and judges have subsequently made the same determination regarding the Trump-picked prosecutors in Nevada and the Los Angeles-area. Last week, a judge disqualified top federal prosecutor Lindsey Halligan in the eastern district of Virginia and tossed the politically charged cases she brought against Trump’s political enemies: former FBI Director James Comey and New York Attorney General Letitia James.
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Appeals court upholds disqualification of Alina Habba as New Jersey's top federal prosecutor (Original Post) LetMyPeopleVote Monday OP
😁 underpants Monday #1
Alina Habba remains DISQUALIFIED as U.S. Attorney as Third Circuit affirms LetMyPeopleVote Monday #2
Deadline Legal Blog-Appeals court upholds Alina Habba's disqualification as New Jersey's top federal prosecutor LetMyPeopleVote Monday #3

LetMyPeopleVote

(173,407 posts)
2. Alina Habba remains DISQUALIFIED as U.S. Attorney as Third Circuit affirms
Mon Dec 1, 2025, 09:48 AM
Monday

This is not good news for Halligan



LetMyPeopleVote

(173,407 posts)
3. Deadline Legal Blog-Appeals court upholds Alina Habba's disqualification as New Jersey's top federal prosecutor
Mon Dec 1, 2025, 10:31 AM
Monday

The Supreme Court could have the last word on the subject that affects Trump-installed federal prosecutors around the country.

Appeals court upholds Alina Habba’s disqualification as New Jersey’s top federal prosecutor. The Supreme Court could have the last word on the subject that affects Trump-installed federal prosecutors around the country. www.ms.now/deadline-whi...

(@jwwcan.bsky.social) 2025-12-01T15:05:52.126Z

https://www.ms.now/deadline-white-house/deadline-legal-blog/alina-habba-disqualification-us-attorney-appeal

A federal district judge was correct to disqualify Alina Habba as the top federal prosecutor in New Jersey, an appellate panel ruled Monday, dealing the Trump administration its latest loss on an issue that’s pending in U.S. attorney’s offices around the country.

The Supreme Court could have the last word on the subject, which affects federal prosecutors installed by the administration who haven’t been confirmed by the Senate and whose tenures have been challenged as illegal by criminal defendants.

“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” the panel observed in disapproving of the attempt to install Habba.

Another Trump-installed prosecutor whose tenure is in doubt is Lindsey Halligan in the Eastern District of Virginia. She lacked prosecutorial experience and was placed in that office to secure indictments of Donald Trump’s political opponents over the objections of career prosecutors. Halligan, who brought charges against former FBI Director James Comey and New York Attorney General Letitia James, was recently deemed by another federal district judge to have been unlawfully appointed. The Trump administration said it will appeal that ruling......

The administration’s promised appeal of Halligan’s disqualification in Virginia would fall under a different federal circuit (the Fourth). When different federal circuits rule differently on an issue, that makes it more likely that the Supreme Court will step in to resolve a conflict if asked to do so. The legal issues surrounding Habba’s and Halligan’s appointments aren’t exactly the same but there is overlap. The appointment issue has also been litigated on the other side of the country in federal districts in California and Nevada, where judges have likewise disapproved of the administration’s attempts to bypass Senate approval of top federal prosecutors. Those western states fall under the Ninth Circuit.

Though the appellate ruling in Habba’s case came first, the administration may be even more eager to revive Halligan as the top federal prosecutor in Virginia. Unlike in the appeal in Habba’s case, the judge in Comey and James’ challenge not only said that Halligan was unlawfully serving but that the indictments she brought against those Trump targets must be dismissed as a result.

This will be fun to watch
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