In a significant setback for the Trump administration, Alina Habba, a staunch supporter of the Make America Great Again (MAGA) movement and former personal attorney to President Donald Trump, has been deemed ineligible to serve as the US attorney for New Jersey.
This decision was handed down by the 3rd Circuit Court of Appeals, marking yet another instance of the judiciary's ongoing scrutiny of Trump's legal appointees.
As reported by Gateway Pundit, the federal appeals court ruled on Monday that Habba's appointment was unlawful, a decision that could potentially impact other appointments across the nation. The three-judge panel upheld a lower court's ruling that the Trump administration had violated the law by using a series of maneuvers to install Habba in the position, despite failing to secure Senate approval.
The judges wrote, "Under the Governments delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely. This view is so broad that it bypasses the constitutional (appointment and Senate confirmation) process entirely."
This ruling is seen as a significant blow to the nation, given Habba's reputation as a fearless advocate for election integrity, particularly during the recent elections. The news follows a previous ruling by an Obama-appointed judge that Habba was "not lawfully holding the office of United States Attorney." This decision was swiftly appealed by US Attorney General Pam Bondi.
The ruling also comes on the heels of another court decision that declared Lindsey Halligan, the US attorney for the Eastern District of Virginia, was illegally appointed and dismissed cases against former FBI director James Comey and New York Attorney General Letitia James.
Critics argue that the Republican Senate is largely to blame for these setbacks. Despite having ample time to confirm Habba and other MAGA supporters for full-time US Attorney positions, institutionalists like Senator Chuck Grassley (R-IA) have been accused of prioritizing appeasement of Senate Democrats over the confirmation process, using the 'blue slip' custom as a justification.
This custom effectively allows Democrat senators to veto Trump's appointments. In response, President Trump has threatened to file a lawsuit to prevent Senator Grassley from blocking Habba's confirmation using the 'blue slip' process, which he has described as unconstitutional.
In a post on Truth Social in August, Trump wrote, "I have a Constitutional Right to appoint Judges and U.S. Attorneys, but that RIGHT has been completely taken away from me in States that have just one Democrat United States Senator. This is because of an old and outdated 'custom' known as a BLUE SLIP, that Senator Chuck Grassley, of the Great State of Iowa, refuses to overturn, even though the Democrats, including Crooked Joe Biden (Twice!), have done so on numerous occasions."
He added, "Therefore, the only candidates that I can get confirmed for these most important positions are, believe it or not, Democrats! Chuck Grassley should allow strong Republican candidates to ascend to these very vital and powerful roles, and tell the Democrats, as they often tell us, to go to HELL!"
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