Trump Appointee Disqualified From Role As Top NJ Prosecutor

NEW JERSEY — President Donald Trump's former lawyer, Alina Habba, was disqualified from her role as New Jersey's leading federal prosecutor after a court ruling on Monday.

The 3rd Circuit Court of Appeals decided to uphold a lower court's decision that the Trump Administration acted against the law when it inserted Habba into her role without support from the U.S. Senate.

Two defendants in New Jersey challenged Habba's authority to prosecute them and caused the lower court to review her legal standing.

Habba has been fighting since July to keep her role after New Jersey's District Court decided not to extend her 120-day term after she was appointed by Trump on March 24.

On Monday, the judges said she would have had to have been serving in New Jersey as First Assistant in a non-interim capacity for the protection to apply.

"It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place," Circuit Judge D. Michael FIsher said. "Its efforts to elevate its preferred candidate...demonstrate the difficulties it has faced."

Fisher said the question marks left by the appointment of Habba had stretched long enough and that "the citizens of New Jersey and the loyal employees in the U.S. Attorney's Office deserve some clarity and stability."

RELATED COVERAGE: Trump's Controversial NJ Prosecutor Confronted, Office Ransacked, U.S. Attorney General Says

On Aug. 21, a judge ruled that Habba was unlawfully serving as U.S. Attorney for New Jersey and should not be allowed to continue.

The White House maintained that Habba was cleared to continue serving due to the Federal Vacancies Reform Act after already serving as First Assistant U.S. Attorney.

The court, however, held that Habba's term ended on July 26 and the White House's efforts to keep her serving without getting Senate confirmation were against the law.

Desiree Leigh Grace, Habba's first assistant, had been tapped to fill the role at the time without an explanation of why she was chosen.

Just hours later, U.S. Attorney General Pam Bondi removed Grace and reiterated the White House's support for Habba.

Trump then withdrew Habba's original nomination, allowing her to continue in her role.

Along with serving as his personal attorney, Habba was also a legal adviser to Trump's presidential campaign.

RELATED COVERAGE:

1. Trump Clears Path For Personal Attorney To Retake Top NJ Prosecutor Role
2. NJ’s Top Prosecutor Fired By Trump Says She Isn't Leaving
3. Trump's Team Fires New NJ Prosecutor—Hours After Her Appointment
4. Trump's Personal Attorney Out As NJ's Top Federal Prosecutor