Alina Habba

By Sam Barron From Daily Voice

A federal appeals court ruled Monday, Dec. 1, Alina Habba was unlawfully appointed as United States of New Jersey.

The ruling from the three judges in the Philadelphia-based court affirms a lower court ruling that found the Trump administration appointing Habba without being confirmed by the Senate or appointed by district trial court judges was a violation of the law.

"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 judges wrote in their 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.

It is unknown how the rulings would affect current cases unfolding through New Jersey federal courts or if Habba will continue in her current position. The Trump administration is expected to appeal, which could lead to a showdown in the Supreme Court.

The lawyers who challenged Habba's appointment cheered the ruling.

"“President Trump cannot usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions," Abbe D. Lowell, Gerald Krovatin and Norm Eisen said in a statement. 

Habba, who served as President Donald Trump's attorney in several civil cases, was appointed as interim U.S. Attorney in March. She was later nominated for a permanent position, but New Jersey Democrat Sens. Cory Booker and Andy Kim refused to sign a blue slip supporting her nomination, dooming her chances of confirmation.

Habba had never practiced criminal law before her appointment. 

Prosecutor Desiree Lee Grace was appointed as US Attorney by judges in the District of New Jersey in July, but Attorney General Pam Bondi stepped in, fired Grace and appointed Habba as acting U.S. attorney, after they withdrew her nomination, had her resign as interim U.S. attorney, appointed her as special attorney to the attorney, made her first assistant and then elevated her to acting U.S. attorney.

But judges ruled those maneuvers were a violation of federal law.

The White House has not responded to the judge's ruling.