US EditionAppeals court won’t reconsider Habba disqualification, paving way to Supreme Court
The Third Circuit upheld a ruling that Alina Habba's interim appointment expired after 120 days, reinforcing statutory limits on executive authority over acting U.S. attorneys.
- On Monday, the full Third U.S. Circuit Court of Appeals denied the DOJ's rehearing request, leaving intact the three-judge panel ruling that Alina Habba's appointment became unlawful and clearing the way for Supreme Court review.
- U.S. District Judge Matthew Brann last year found the administration's 'novel series of legal and personnel moves' to keep Alina Habba after her 120‑day term expired broke federal law.
- A separate three-judge panel earlier upheld the lower-court ruling, and three judges appointed by Trump would have granted rehearing while 11 opposed and Judge Emil Bove did not participate.
- The rulings have already reshaped federal prosecutions, with four other Trump-aligned U.S. attorneys disqualified and Lindsey Halligan resigning last week after being barred, causing dismissals in cases against James Comey and Letitia James.
- The Habba dispute sits at the center of a broader fight over presidential control of prosecutors, with the Trump administration challenging the U.S. Senate's 'blue slip' tradition and related removal issues before the U.S. Supreme Court.
13 Articles
13 Articles
A federal appeal short has decided to revisit its ruling that Alina Habba helped the top federal prosecutor's job in New Jersey without legal authority,ightening vote...
Third Circuit Denies Petition for Rehearing En Banc of Alina Habba Disqualification as U.S. Attorney
Back in December, the U.S. Court of Appeals for the Third Circuit affirmed a district court order concluding that Alina Habba was not lawfully acting as the U.S. Attorney for the District of New Jersey. Yesterday, the Third Circuit denied a petition for rehearing en banc. Of the twelve judges eligible to participate in the en banc vote, three noted their dissent from the order (Judges Phipps, Matey, and Mascott), one of which (Mascott) "will fil…
Panel Of Judges With Trump Appointees Refuse Appeal On Alina Habba's Unlawful Appointment
A panel of judges — including two of President Donald Trump's appointees — refused to hear an appeal on a lower court's ruling that found Alina Habba had been unlawfully appointed [...]
Appeals Court Declines to Reconsider Alina Habba’s Disqualification as US Attorney
A federal appeals court on Jan. 26 declined to rehear an attempt by the Justice Department to reinstate Alina Habba as the acting U.S. attorney for New Jersey. A three-judge panel of the U.S. Court of Appeals for the Third Circuit, on Dec. 1, affirmed a district court decision that disqualified Habba from serving in the role, to which she was appointed on July 24. The Justice Department petitioned the whole court to rehear the case, but a majori…
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