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A federal appeals court on Monday disqualified President Donald Trump’s former personal attorney Alina Habba from serving as the U.S. attorney for New Jersey.
The 3rd U.S. Circuit Court of Appeals upheld a district court decision that found her appointment violated the Federal Vacancies Reform Act.
Trump nominated Habba to the U.S. attorney post but she was not confirmed by the Senate. When district court judges declined to appoint her to the position, the administration installed her by formally withdrawing her nomination then placing her in a role that allowed her to serve in the position, in what a U.S. district judge called a «novel series of legal and personnel moves.»
The appeals court ruled the maneuver was improper.
«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 wrote, referring to the Federal Vacancies Reform Act.
«Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney. Finally, the Attorney General’s delegation of all the powers of a U.
