Appeals Court Rules on Alina Haba’s Appointment
PHILADELPHIA – A federal appeals court has declared that Alina Haba, previously a lawyer for Trump, was unlawfully appointed as the top federal prosecutor in New Jersey, rendering her disqualified for the position.
The ruling from the 3rd Circuit Court of Appeals in Philadelphia confirmed a lower court’s decision made on October 20, which followed oral arguments that included Haba’s presence.
This decision arrives as Trump’s administration aims to maintain Haba’s role as New Jersey’s deputy attorney general, a significant position tasked with enforcing federal laws. During the proceedings, judges expressed skepticism about the government’s efforts to retain Haba after her interim appointment lapsed, particularly in the absence of Senate confirmation.
Post-hearing, Haba took to X to assert her commitment to other federal prosecutor candidates denied a chance at a Senate hearing.
Attempts to get comments from the U.S. Attorney’s Office for New Jersey, Haba’s staff, and the Justice Department were made but went unanswered.
Haba isn’t the only prosecutor from the Trump administration facing scrutiny regarding their appointments. Recently, a federal judge dismissed a case against former FBI Director James Comey along with ex-New York Attorney General Letitia James. The judge ruled that Lindsay Harrigan, who brought the charges, was unlawfully appointed as interim U.S. attorney for the Eastern District of Virginia. The Justice Department plans to appeal this ruling.
The panel included two judges, one nominated by George W. Bush and the other by Barack Obama, which highlighted a mix of political appointments.
A lower court judge previously indicated that Haba’s appointment was characterized by “novel legal and personnel moves” and confirmed she was not legitimately serving as New Jersey’s U.S. attorney. While the order suggested her actions since July could be nullified, it was stayed pending appeal.
The government had maintained that Haba was lawfully serving under federal guidelines, which allowed her to occupy the role as a first assistant attorney general appointed by Trump.
A similar situation unfolded in Nevada, where a federal judge disqualified another Trump nominee for U.S. attorney.
In New Jersey, federal defendants have questioned Haba’s authority, asserting that she could not prosecute after her interim term expired and requested the charges be put on hold.
Before her appointment, Haba practiced criminal and civil litigation and briefly advised the White House. Following her nomination in March, she made controversial remarks about wanting to “turn New Jersey red,” which was a notably political statement for someone in her position.
Later, she charged Democratic Newark Mayor Ras Baraka with trespassing during a visit to a federal immigration center; those charges were eventually dropped. Haba also indicted Democratic U.S. Representative LaMonica McIver on assault charges related to the same incident, a rare case against a sitting lawmaker, aside from corruption claims. McIver has denied the accusations and the case remains active.
As Haba’s interim appointment drew to a close in July, concerns arose regarding her continued service due to the lack of support from New Jersey’s Democratic senators, Cory Booker and Andy Kim.
When Haba’s tenure expired, a federal judge replaced her with a career prosecutor. However, later on, Haba was reinstated as acting U.S. attorney after being removed by the judge. The Justice Department argued that the judges acted prematurely and asserted that Trump holds the authority to appoint his preferred candidates to ensure federal laws are enforced in New Jersey.
Brann’s ruling emphasized that presidential appointments must adhere to deadlines and sharing rules outlined in federal law.
