In a 3-0 decision against convicted felon President Trump’s regime that will have impact elsewhere, the Third Circuit Court of Appeals on Monday ruled that former parking lot lawyer Alina Habba is still not the lawfully serving US Attorney for the District of New Jersey and will never be unless the Senate does away with the Blue Slip norm and confirms her to the post… Or cuts a deal with Dem Senators Cory Booker and Andy Kim, probably even less likely than the end of the Blue Slips.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place. 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… The defendants in two criminal cases moved to dismiss their indictments and to disqualify Habba from participating in their prosecutions, arguing that she is unlawfully serving as Acting US Attorney. The District Court denied the motions to dismiss, but it granted the motions to disqualify Habba from the prosecutions. The Government appeals. We will affirm,” the three judge panel of one Obama and two Dubya appointees wrote.