US Court Invalidates Trump’s Appointment of Senior Federal Prosecutor

A US appeals court on Monday overturned an attempt by President Donald Trump to circumvent the traditional Senate confirmation procedure and install his former personal lawyer in a senior federal prosecutor role.

A three-judge panel ruled unanimously that Alina Habba, 41, had been serving unlawfully as the US Attorney for the District of New Jersey.

It was the second such ruling within a week in which a federal court found that a US attorney appointed by Trump had been placed in office unlawfully.

Last week’s decision resulted in the dismissal of criminal cases against two of Trump’s political adversaries — former FBI director James Comey and New York Attorney General Letitia James.

In that earlier ruling, District Judge Cameron Currie removed Trump appointee Lindsey Halligan from her position as the acting US Attorney for the Eastern District of Virginia and dismissed the indictments she had filed against Comey and James.

Federal prosecutors must be confirmed by the Senate. Currie stated that Halligan’s appointment was unlawful because her predecessor had also been serving in an acting role, and US law does not permit two successive interim prosecutors.

Halligan’s predecessor as acting US attorney, Erik Siebert, resigned after reportedly informing Justice Department leaders that there was insufficient evidence to pursue charges against Comey and James.

In Habba’s case, the US Court of Appeals for the Third Circuit upheld a lower court finding that her appointment breached federal rules governing the filling of vacancies.

The judges stated: “Under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto US Attorney indefinitely.

“This view is so broad that it bypasses the constitutional appointment and confirmation process entirely,” they continued, adding that it “should raise a red flag.”

The Trump Justice Department is expected to appeal the ruling in Habba’s case to the conservative-leaning Supreme Court.

The administration’s appointments of interim US attorneys without Senate confirmation in at least two other states — California and Nevada — have also faced legal challenges.

The charges against Comey and James followed Trump’s public calls for Attorney General Pam Bondi to act against individuals he considers enemies — a striking break from the long-held principle that the Justice Department must remain independent of White House influence.

Since assuming office in January, Trump has undertaken various punitive steps against perceived political opponents, removing government officials he views as disloyal, targeting law firms involved in earlier cases against him and withdrawing federal funding from universities.

Khaborwala/SS