Third Circuit Judges Question Legality of Trump Administration's Appointment of Acting U.S. Attorney Alina Habba

The Third Circuit Court of Appeals is scrutinizing the Trump administration's unconventional appointment of Alina Habba as acting U.S. Attorney for the District of New Jersey, with judges expressing concerns about potential circumvention of constitutional appointment rules. The administration's sequence of actions included withdrawing Habba's Senate nomination, appointing her as a special attorney, then as first assistant U.S. Attorney, which automatically reinstated her to the top role after firing a career prosecutor. Judges questioned the legality and historical precedent of this maneuver, emphasizing the constitutional separation of powers and the importance of Senate confirmation. Government attorneys defended the appointment as consistent with longstanding practice, though the judges remained skeptical, probing the broader implications for presidential appointment powers. This case is part of several nationwide challenges to U.S. attorneys installed by Trump through similar tactics without Senate approval, raising questions about the legitimacy of prosecutions overseen by such appointees. The court has yet to announce a ruling, which could have significant consequences for executive appointment authority.