A federal appeals court shut down the Trump administration's attempt to make Alina Habba the acting US attorney for New Jersey because she had already got nominated for the permanent gig. The Third Circuit said putting her in that spot broke federal vacancy laws, and defendants in two criminal cases called out how the appointment violated rules about who can fill acting roles. The court backed a lower ruling that kicked her off two prosecutions.
This marks the second federal smackdown against the administration's US attorney appointments after a Virginia judge tossed indictments against James Comey and Letitia James because the prosecutor who brought charges got installed illegally. The ruling confirms that even after Trump pulled Habba's nomination, she still cannot serve as acting US attorney under the Federal Vacancies Reform Act.
This marks the second federal smackdown against the administration's US attorney appointments after a Virginia judge tossed indictments against James Comey and Letitia James because the prosecutor who brought charges got installed illegally. The ruling confirms that even after Trump pulled Habba's nomination, she still cannot serve as acting US attorney under the Federal Vacancies Reform Act.
