A federal appeals court has confirmed a decision that disqualifies Alina Haba, a former personal attorney for President Donald Trump, from her role as deputy U.S. attorney for New Jersey.
Haba was initially chosen by Trump. She had been set to become an advisor to the president in December 2024 but was removed from that position following a vote by district court judges. This decision came shortly after she was promoted to the state’s chief prosecutor position in March. It’ll be interesting to see who steps in next, as she is to be replaced after a temporary period of 120 days.
According to reports, Haba’s successor was appointed just hours after a district judge’s ruling—this comes from a source that has quite the following. U.S. Attorney General Pam Bondi then assigned Haba to the role of chief of staff in the bureau, as there were still no federal prosecutor available for the state.
The unanimous decision from a three-judge panel of the U.S. Court of Appeals for the Third Circuit dismissed the Justice Department’s attempts to contest the ruling. This all stemmed from U.S. District Judge Matthew W. Brann’s judgment in August, declaring that Haba had not been “lawfully” appointed to the U.S. attorney role.
Brann’s ruling seemed to be influenced by challenges raised by two New Jersey criminal defendants who argued Haba’s appointment was unconstitutional.
The Appeals Court panel acknowledged the complexities around Haba’s appointment and noted that the defendants’ criminal case would proceed, unaffected by her status.
Interestingly, Justice D. Michael Fisher pointed out the challenges the current administration faces in finding appointees due to various legal barriers. “The promotion of Alina Haba highlights these hurdles, yet the people of New Jersey, as well as loyal employees within the office, deserve clarity and stability moving forward,” he remarked.
The difficulties surrounding Haba’s continued position stem from Senate traditions involving blue slips from local senators Cory Booker and Andy Kim, who have not supported her nomination.
Senate Judiciary Committee Chairman Chuck Grassley has stalled the nomination process in light of this, leading to considerable frustration for both Haba and Trump.
Trump mentioned in a statement that he believes Grassley can resolve the blue slip issue and facilitate the appointment of competent candidates.
In an interview, Haba expressed her concerns regarding Grassley, stating he was creating a disadvantage for her by delaying the confirmation process.
“I was a candidate for U.S. attorney. Even though I attempted to meet them, Cory Booker and Andy Kim really hindered us,” she said during a TV interview.
She added that Grassley, by adhering to traditional blue slip practices instead of pushing for legislative solutions, has also stifled the approval of numerous nominees. It makes you wonder how far into the process she actually got.
The legal questions surrounding Haba’s appointment and its compliance with the Federal Vacancies Reform Act could ultimately lead to a Supreme Court ruling, as noted by a news source.
As of now, Haba has not publicly commented on the latest court decision.
