A federal appeals court declined to reconsider the decision to remove Donald Trump ally Alina Habba as New Jersey’s top federal prosecutor. That decision could lead to a Supreme Court fight over how much power the president has to appoint U.S. attorneys.
Appeals Court Rejects Rehearing Request
On Monday, the U.S. Court of Appeals for the 3rd Circuit declined to rehear a panel ruling that found Habba was unlawfully serving as U.S. attorney after her 120-day interim term expired.
The court said the judges who decided the case did not seek rehearing and a majority voted against review by the full court.
Judges Cite Plain Text Of Appointment Law
In its earlier decision, the three-judge panel ruled that the Trump administration’s efforts to keep Habba in office, including withdrawing her nomination and renaming her acting U.S. attorney, violated federal law governing temporary appointments, reported The Hill.
Writing for the panel, Judge D. Michael Fisher said it was “apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” but added the strategy conflicted with the statute’s “plain text.”
“There is a time before ‘the President submits a nomination,’ and there is a time after,” Fisher wrote, noting that withdrawing a nomination does not negate its submission.
The Justice Department argued the ruling imposed “atextual limits” on presidential authority and said the issue was of “exceptional importance.”
Habba resigned after the ruling but has said she intends to return if a higher court rules in her favor.
US Attorney Dismissed After Judges Reject Trump Nominee
Last year, the Justice Department dismissed Desiree Leigh Grace from her role as U.S. Attorney for the District of New Jersey after federal judges chose her over President Trump’s nominee, Habba.
Trump had appointed Habba as interim U.S. Attorney in March, but the judges declined to make her the permanent prosecutor.
Following that decision, Attorney General Pam Bondi announced Grace’s removal, saying the Justice Department did not tolerate “rogue judges” who threatened presidential authority.
Grace had previously served as Habba’s first assistant, and Habba’s 120-day interim term had ended as she awaited Senate confirmation.
Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
Image via Shutterstock/ Joshua Sukoff
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