A federal appeals court on Monday shut down an attempt by the Justice Department to install Alina Habba as the acting U.S. Attorney for New Jersey, upholding a lower court ruling that found her appointment unlawful.
The Third Circuit Court of Appeals rejected the administration’s interpretation of the Federal Vacancies Reform Act (FVRA), agreeing with defendants who argued that Habba was legally disqualified from the position. The ruling effectively ends a months-long legal tug-of-war over who controls the federal prosecutor’s office in the district.
The dispute centers on a procedural maneuver attempted after Habba’s initial 120-day temporary appointment expired in July. When that term ended, a panel of federal judges utilized their statutory authority to appoint her deputy to lead the office.
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In response, Attorney General Pam Bondi removed the court-appointed deputy and installed Habba as the “First Assistant U.S. Attorney,” a move designed to trigger a provision allowing her to automatically ascend to the acting role.
However, the appellate court ruled that the statute doesn’t work that way.
“Habba is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant U.S. Attorney because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the FVRA,” the court held in its opinion.
The judges further noted that because Habba had already been nominated for the permanent U.S. Attorney position, the FVRA’s “nomination bar” specifically prevents her from serving in an acting capacity while confirmation is pending.
The decision affirms an August ruling by a federal district judge who declared Habba disqualified and warned that official actions taken during her unauthorized tenure “may be declared void,” potentially complicating ongoing prosecutions.
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Judge D. Michael Fisher, a George W. Bush appointee writing for the court, acknowledged the political friction driving the appointment but emphasized that statutory rules cannot be bent to relieve administrative gridlock.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Judge Fisher wrote. “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.”
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