Court rules that Alina Habba is illegally serving as acting federal prosecutor in New Jersey

The Court of Appeals for the Third Circuit ruled that Alina Habba, a former lawyer for President Donald Trump, is serving illegally as an acting federal prosecutor for the District of New Jersey.

In its ruling, the three-judge panel detailed that Habba's appointment as acting federal prosecutor in New Jersey did not comply with the requirements set forth in a 1998 law on the staffing of vacant federal positions.

"It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place," the panel noted in its ruling.

"Its efforts to elevate its preferred candidate for US Attorney for the District of New Jersey, Alina Habba, to the role of Acting US Attorney demonstrate the difficulties it has faced—yet the citizens of New Jersey and the loyal employees in the US Attorney’s Office deserve some clarity and stability," it added.

The three judges were unanimous, confirming a decision made by Matthew W. Brann, a judge for the U.S. District Court for the Middle District of Pennsylvania, who found that Habba served as acting U.S. attorney without the legal backing she needs since July 1.

"On the question of whether Ms. Habba is lawfully exercising the functions and duties of the office of federal prosecutor for the District of New Jersey, I conclude that she is not," Judge Brann ruled at the time.

The panel was composed of Judges D. Brooks Smith, D. Michael Fisher (both appointees of former President George W. Bush) and Luis Felipe Restrepo (appointed by former President Barack Obama).

A few days ago, an unknown individual attempted to confront Habba and gained access to the office of the still acting U.S. attorney for New Jersey. Attorney General Pam Bondi said the suspect caused damage at the scene before fleeing.

 Habba has represented Trump in several court cases.