Sachin Shankar Yadav 
Alina Habba was appointed as the U.S. attorney for New Jersey by former President Donald Trump, but an appeals court determined that she had been acting illegally in that capacity. The court upheld a lower court’s decision that Habba’s appointment was illegal under federal law due to improper legal procedures. Specifically, after her 120-day interim term expired, the Trump administration used a series of unusual legal maneuvers to keep her in the position without Senate confirmation or a valid appointment as first assistant U.S. attorney, both of which are typically required by law.
The judges stressed that the government’s attempts to prolong Habba’s term went around the established appointment procedure designed to give the public and the U.S. attorney’s office clarity and stability. This included designating Habba under various titles without legal authority and dismissing a permanent U.S. attorney appointed by federal judges. As a result, Habba is disqualified from participating in cases in New Jersey going forward, which could impact ongoing prosecutions and possibly lead to further legal challenges up to the Supreme Court.
Prior to her appointment, Habba, Trump’s personal attorney, had no prior criminal law experience. The case brings to light a larger problem in which a number of similar Trump administration appointments have been challenged for not adhering to the requirements of the law. The decision, which raises serious concerns about the validity of other acting U.S. attorneys appointed under comparable circumstances, is anticipated to be appealed by the Justice Department.