Alina Habba, a trusted legal ally of President Donald Trump, finds herself at the center of a judicial storm as her role as U.S. Attorney for New Jersey slips through her fingers.
Habba's disqualification was cemented by a unanimous 3-0 decision from the 3rd U.S. Circuit Court of Appeals in Philadelphia on Monday, affirming a lower court ruling that deemed her appointment unlawful after her interim term expired, the Daily Mail reported.
This ruling marks yet another hurdle for Trump in his efforts to place loyalists in key positions. It stings particularly hard given Habba's history of defending him in high-stakes battles like the New York civil fraud trial and the E. Jean Carroll defamation case.
Habba's journey began with a temporary appointment in March, sworn in at the White House with much fanfare. Her 120-day term as interim U.S. Attorney expired, yet the Trump administration leaned on the vacancies law to keep her as the 'acting' attorney.
District court judges pushed back, attempting to install her deputy in her place. Trump's team countered with legal tactics, and Attorney General Pam Bondi later reinstated Habba after firing the court-appointed replacement.
The appeals court, with judges appointed by Obama and George W. Bush, saw through these moves as a stretch of executive power. Their decision sends a clear signal that federal law, not political will, governs these appointments.
Habba didn't shy away from mixing politics with her prosecutorial duties, a rarity in such a position. Shortly after her appointment, she declared her aim to "turn New Jersey red," a statement that raised eyebrows among those who expect impartiality from federal attorneys.
That comment alone paints a target on her back in a state with strong Democratic leanings. It suggests a mission more aligned with partisan goals than with blind justice, fueling critics who question her legitimacy.
Her actions backed up the rhetoric, from charging Democratic Newark Mayor Ras Baraka with trespassing at a federal immigration site to pursuing assault charges against Rep. LaMonica McIver over the same incident. Both cases, one dropped and the other pending, hint at a pattern of targeting political opponents.
This isn't an isolated incident in Trump's orbit of legal appointments. Last week, a federal judge in Virginia dismissed cases brought by Lindsey Halligan, another Trump-installed prosecutor, on similar grounds of unlawful appointment.
Similar challenges are unfolding in Nevada, where another Trump pick for U.S. Attorney was disqualified. These rulings form a troubling trend for an administration keen on reshaping federal law enforcement with trusted hands.
Habba's own investigation into New Jersey Governor Phil Murphy's directive to state police regarding ICE cooperation now hangs in limbo. Without her authority, the probe's future, much like her tenure, looks uncertain at best.
The Justice Department has signaled its intent to appeal, arguing Habba's role was valid under a statute allowing the first assistant attorney to serve. A lower court judge had previously noted her appointment involved a "novel series of legal and personnel moves," a polite way of saying it pushed boundaries.
That critique cuts to the heart of the issue: rules exist for a reason, even when they frustrate a president's agenda. Trump's frustration is palpable, but federal law isn't a suggestion; it's a constraint.
For now, Habba's removal stands, and with it, a dent in Trump's strategy to wield influence through key legal posts. New Jersey's federal prosecutions and the broader fight over executive appointments will keep the courts busy as this saga unfolds.