A US appeals court struck down Trump’s appointment of Alina Habba as a top federal prosecutor, the second such ruling against his bypass of Senate confirmation.
WASHINGTON: A US appeals court has struck down President Donald Trump’s attempt to bypass Senate confirmation to appoint his former personal lawyer as a top federal prosecutor.
A three-judge panel ruled unanimously that Alina Habba has been unlawfully serving as the US Attorney for the District of New Jersey.
It marks the second time in a week a federal court has ruled a US attorney picked by Trump was unlawfully appointed.
A ruling last week led to the dismissal of criminal cases against Trump’s political foes, former FBI director James Comey and New York Attorney General Letitia James.
In that case, District Judge Cameron Currie disqualified Trump appointee Lindsey Halligan as acting US Attorney for the Eastern District of Virginia.
Currie threw out the indictments she obtained against Comey and James, stating Halligan was unlawfully appointed.
The judge said US law does not allow two successive interim prosecutors, as Halligan’s predecessor was also serving in an acting capacity.
Her predecessor, Erik Siebert, reportedly stepped down after telling Justice Department leaders there was insufficient evidence to charge Comey and James.
In Habba’s case, the US Court of Appeals for the Third Circuit upheld a lower court ruling that her appointment violated federal vacancy law.
“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,” the judges said.
“This view is so broad that it bypasses the constitutional (appointment and confirmation) process entirely,” they added, stating it “should raise a red flag.”
The Trump Justice Department is expected to appeal the ruling to the conservative-dominated Supreme Court.
The administration’s appointments of interim US attorneys without Senate confirmation in California and Nevada also face legal challenges.
The charges against Comey and James followed Trump publicly urging Attorney General Pam Bondi to act against individuals he sees as enemies.
This marked a stark departure from the principle that the Justice Department must be free from White House pressure.
Since taking office, Trump has taken punitive measures against perceived political opponents.
These actions include purging government officials, targeting law firms involved in past cases against him, and pulling federal funding from universities.
