Washington — A federal appeals court on Monday upheld a lower court decision that disqualified Alina Habba, who served as a personal lawyer to President Trump, as the acting U.S. attorney in New Jersey.
The decision from the U.S. Court of Appeals for the 3rd Circuit was unanimous against the Trump administration, which has attempted to use a novel mechanism to place lawyers who have not received Senate approval into temporary U.S. attorney positions across the country.
The case before the 3rd Circuit arose after three men facing criminal charges in New Jersey challenged the validity of Habba’s appointment as a violation of the Federal Vacancies Reform Act and sought to have their indictments dismissed.
U.S. District Judge Matthew Brann ruled in August that Habba has been serving without lawful authority since the beginning of July, when she was tapped to temporarily lead the U.S. Attorney’s Office in New Jersey. Brann said she must be disqualified from participating in ongoing cases.
The Justice Department appealed that decision to the 3rd Circuit, which is now the first federal appeals court to weigh in on the administration’s scheme regarding its installations of U.S. attorneys.
This is a developing story and will be updated