NewsA federal appeals court ruled Monday that a lawyer who represented US President Donald Trump in a number of civil and criminal matters between his first and second presidencies cannot serve as acting US attorney for the District of New Jersey.
The Third Circuit Court of Appeals found the Trump administration’s efforts to install Alina Habba in the role violated federal vacancy laws.
The ruling affirmed a lower court’s disqualification of Habba from two criminal prosecutions. Defendants in two criminal cases had challenged her appointment, arguing it violated the Federal Vacancies Reform Act‘s requirements for who can serve as an acting officer.
The court also found that because Trump had previously nominated Habba for the permanent position, she was barred from serving as acting US attorney, even after he withdrew the nomination.
The ruling marks the second time in two weeks that a federal court has found the administration violated vacancy laws in appointing a US attorney.
Last week, a Virginia federal judge dismissed indictments against former FBI director James Comey and New York Attorney General Letitia James after finding the prosecutor who secured the charges, former White House aide Lindsey Halligan, was unlawfully appointed.