3Philadelphia, PA – A three-judge panel has ruled that Alina Habba cannot serve as the acting U.S. attorney for New Jersey. The ruling was issued on Monday by the 3rd U.S. Circuit Court of Appeals.
In a unanimous opinion, the court determined that Habba was disqualified from leading certain cases. The judges argued that the Trump administration’s efforts to position preferred candidates in U.S. attorney roles bypassed necessary Senate confirmation.
Habba later resigned from her position.
Senior U.S. Circuit Judge D. Michael Fisher emphasized the requirement for clarity and stability in the appointment of U.S. attorneys. The ruling specifically stated that the role requires a Senate-confirmed officer, and Congress has shown a desire for an experienced individual to step in during vacanci

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