Federal Appeals Court Challenges DOJ Appointment of Acting New Jersey U.S. Attorney

Alina Habba's appointment as acting U.S. attorney for New Jersey by President Donald Trump has faced significant legal challenges questioning its legitimacy due to circumventing Senate confirmation and judicial appointment processes. The Department of Justice defended Habba's designation in arguments before the U.S. Court of Appeals for the Third Circuit, asserting that her role was consistent with legal provisions allowing temporary appointments and citing precedents of officials remaining beyond typical time limits. However, a three-judge panel, including appointees of both Republican and Democratic presidents, expressed skepticism about the administration's maneuvers, with one judge calling it a "complete circumvention of the appointments clause" and emphasizing separation of powers and statutory requirements. Lower courts ruled Habba's appointment unlawful, leading to delays in federal court proceedings in New Jersey and similar challenges in other states. The DOJ argued that Habba's authority derived from the attorney general's delegation, aiming to avoid disruption in government operations, while defense attorneys representing criminal defendants criticized the move as undermining congressional confirmation powers. This case is a pivotal test of presidential appointment powers and could reshape how interim U.S. attorneys are installed without Senate approval.