Legal Challenge Mounts Against Habba's Appointment as NJ Prosecutor

A bipartisan group of former U.S. attorneys has filed a legal challenge against the appointment of Alina Habba as New Jersey's top federal prosecutor. The former prosecutors argue that President Trump's installation of Habba without Senate confirmation violates federal law and constitutional principles governing federal appointments. The group, which includes appointees from administrations spanning Reagan to Obama, has asked a federal appeals court to block the appointment.

The controversy centers on the administration's actions after Habba's nomination stalled in the Senate. New Jersey Senators Cory Booker and Andy Kim declined to support her nomination under the Senate's 'blue slip' tradition, which typically gives home-state senators influence over judicial appointments. Following this roadblock, the administration implemented a series of interim and acting appointments to install Habba in the position, which critics contend circumvented the constitutional requirement for Senate advice and consent.

The legal battle intensified when Chief Judge Matthew Brann of the Middle District of Pennsylvania ruled that Habba had been unlawfully serving as U.S. attorney since July 1. Judge Brann barred Habba from prosecuting cases in New Jersey but stayed his decision pending appeal to the U.S. Court of Appeals for the Third Circuit. The Department of Justice has defended its actions, citing provisions in the Federal Vacancies Reform Act as justification for the appointment process.

The case originated from motions filed by defendants in several criminal proceedings in New Jersey who challenged the legitimacy of their prosecutions under Habba's authority. These defendants include individuals charged with firearms and narcotics offenses, as well as a social media influencer accused of operating a fraudulent real estate scheme. Their defense attorneys argued that the indictments should be dismissed due to questions about Habba's legal authority to serve as U.S. attorney.

Habba previously served as President Trump's personal attorney and legal spokesperson before her nomination to the federal prosecutor position in March. The Third Circuit is scheduled to hear arguments in this case on October 20, with the outcome potentially affecting numerous federal prosecutions in New Jersey and establishing precedent regarding presidential appointment powers. The former prosecutors maintain that U.S. attorneys must be selected through processes ensuring competence, independence, and accountability.