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Former Trump personal lawyer Alina Habba is unlawfully serving at the US attorney for New Jersey, appeals court says
A federal appeals court on Monday found Alina Habba, President Donald Trump’s former personal attorney, is serving unlawfully as US attorney for New Jersey, dealing a legal blow to the Trump administration that could have far-reaching consequences on other appointments across the country.
A panel of three appellate judges with 3rd US Circuit Court of Appeals upheld a lower court’s finding that the administration violated the law when it used of a series of maneuvers to install Habba in the position after failing to win Senate support.
“Under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely,†the unanimous three judge panel wrote. “This view is so broad that it bypasses the constitutional (appointment and Senate confirmation) process entirely.â€
Appeals court disqualifies Alina Habba from serving as US attorney for New Jersey
A federal appeals court has disqualified President Donald Trump's former personal attorney Alina Habba from serving as the U.S. attorney for New Jersey.
The 3rd U.S. Circuit Court of Appeals upheld a district court decision that found her appointment violated the Federal Vacancies Reform Act.
Trump nominated Habba to the U.S. attorney post but she was not confirmed by the Senate. When district court judges declined to appoint her to the position, the administration installed her by formally withdrawing her nomination then placing her in a role that allowed her to serve in the position, in what a U.S. district judge called a "novel series of legal and personnel moves."
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