PHILADELPHIA (AP) – A federal appeals court is set to hear arguments on Monday regarding the legality of Alina Haba’s appointment as New Jersey’s top federal prosecutor, a position she has held since the start of this year.
The 3rd U.S. Circuit Court of Appeals will review the situation in Philadelphia, following a lower court’s ruling in August. The judge indicated that Haba’s appointment involved “novel legal and personnel actions,” concluding that she isn’t lawfully serving as a federal prosecutor in New Jersey.
The judge’s ruling suggests that her actions since July may be deemed invalid; however, this decision is temporarily stayed while the U.S. Department of Justice prepares to appeal.
The government argues in court filings that Haba is legally serving in her role under federal law that allows for first assistant prosecutors to be appointed by the Trump administration.
A parallel situation unfolded in Nevada, where a federal judge disqualified a nominee for U.S. attorney by the same administration.
In Haba’s case, U.S. District Judge Matthew Brann’s ruling followed challenges from several individuals charged with federal offenses in New Jersey. They contended that Haba lacked the authority to prosecute because her 120-day term as interim U.S. attorney had expired and sought a stay on charges.
Previously, Haba had acted as Trump’s attorney in criminal and civil matters before he was re-elected. After a brief term as a White House advisor, she was nominated as federal prosecutor in March.
Not long after assuming office, she remarked in an interview about her desire to “turn New Jersey red,” which was an unusually political stance for a prosecutor. She also expressed intentions to investigate the state’s Democratic governor and attorney general.
Eventually, she pressed trespassing charges against Newark Mayor Ras Baraka related to a visit to a federal immigration detention center, although those charges were ultimately dropped.
Haba later indicted Democratic U.S. Rep. LaMonica McIver on assault charges stemming from the same incident, marking an unusual federal case against a sitting lawmaker that did not involve corruption. McIver has denied the allegations and claims innocence, with the case still unresolved.
Speculation about Haba’s continued service arose as her interim appointment expired in July, especially after it became evident that New Jersey’s two Democratic U.S. senators, Cory Booker and Andy Kim, would not back her appointment.
With her term ending, a federal judge in New Jersey opted to replace Haba with a career prosecutor who had previously been his deputy.
Subsequently, U.S. Attorney General Pam Bondi dismissed the judge’s appointed prosecutor and reinstated Haba as acting U.S. attorney. The Justice Department described the judge’s action as premature, arguing that Trump has the right to appoint his preferred candidates to enforce federal law in the state.
Brann’s decision noted that presidential appointments must adhere to deadlines and power-sharing regulations as outlined in federal law.
