No Habba
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Appeals court disqualifies Alina Habba, Trump's former personal lawyer, as acting U.S. attorney in New Jersey
Habba was tapped to serve as interim U.S. attorney in New Jersey earlier this year, but her appointment to the role was limited to 120 days, unless the U.S. district court in New Jersey voted to extend her tenure or she was confirmed to the post by the Senate. Habba's nomination, however, was unlikely to win approval in the upper chamber, as New Jersey's two senators, Democrats Cory Booker and Andy Kim, opposed her nomination.
Ahead of the 120-day deadline, the judges in New Jersey declined to allow Habba to continue serving as U.S. attorney and instead voted to install her deputy, Desiree Leigh Grace, to the position. But that decision was met with swift pushback from Attorney General Pam Bondi, who fired Grace.
Then, Mr. Trump and top administration officials employed a multi-step maneuver to keep Habba in the role of U.S. attorney and get around the district court's decision. First, the president withdrew Habba's nomination for U.S. attorney in New Jersey. Then, Habba resigned as interim U.S. attorney. Bondi then appointed Habba as "special attorney" and to fill Grace's role as first assistant U.S. attorney. Finally, because the position as the New Jersey's top prosecutor was vacant, Habba was elevated to the role of acting U.S. attorney under the Federal Vacancies Reform Act.
That law, also known as the Vacancies Act, limits the government employees who can temporarily fill the roughly 1,300 federal offices that require nomination by the president and confirmation by the Senate.
In their decision, the judges on the 3rd Circuit found that the Trump administration's argument in support of Habba's role "should raise a red flag," since it would allow the Justice Department to circumvent the Vacancies Act and effectively allow anyone to hold a U.S. attorney position indefinitely.
"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," Judge Michael Fisher wrote for the court. "This view is so broad that it bypasses the constitutional [presidential appointment and Senate confirmation] process entirely. It also essentially eliminates the requirements of the FVRA and the U.S. Attorney-specific statute."
https://www.cbsnews.com/news/alina-habba-appeals-court-us-attorney-trump/
