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US appeals court rules Alina Habba disqualified as New Jersey prosecutor

Posted on 12/1/25 at 8:30 am
Posted by Major Dutch Schaefer
Location: Classified
Member since Nov 2011
38193 posts
Posted on 12/1/25 at 8:30 am
LINK

quote:

The Trump administration’s maneuvers to keep the president’s former lawyer Alina Habba in place as New Jersey’s top federal prosecutor were illegal and she is disqualified, a federal appeals court said Monday.

A panel of judges from the 3rd U.S. Circuit Court of Appeals sitting in Philadelphia sided with a lower court judge’s ruling after hearing oral arguments at which Habba herself was present on Oct. 20.


quote:

A lower court judge said in August Habba’s appointment was done with a “novel series of legal and personnel moves” and that she was not lawfully serving as U.S attorney for New Jersey.

That order said her actions since July could be invalidated, but he stayed the order pending appeal.

The government argued Habba is validly serving in the role under a federal statute allowing the first assistant attorney, a post she was appointed to by the Trump administration.

A similar dynamic is playing out in Nevada, where a federal judge disqualified the Trump administration’s pick to be U.S. attorney there.


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465838 posts
Posted on 12/1/25 at 8:33 am to
quote:

A lower court judge said in August Habba’s appointment was done with a “novel series of legal and personnel moves” a

This is the same reason why the admin has so many TROs.

If you act in such an extreme-aggressive manner while also trying novel theories that are clownish, you're going to have a lot of that behavior ruled illegal. It's not some conspiracy.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
84190 posts
Posted on 12/1/25 at 8:34 am to
Lawfare doesn't exist, if you do things the way I want you to do them.
Posted by tigerfootball10
Member since Sep 2005
9871 posts
Posted on 12/1/25 at 8:37 am to
Surely Trump has someone else in place ready to go. Appoint that person today and move on
This post was edited on 12/1/25 at 8:38 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112461 posts
Posted on 12/1/25 at 8:49 am to
quote:

Surely Trump has someone else in place ready to go. Appoint that person today and move on


Grassley won't move them because of blue slips (Dem Senators gumming up the works until Trump appoints someone they like [i.e., an enemy to Trump's goals])
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112461 posts
Posted on 12/1/25 at 8:54 am to
Fisher is a GWBush appointee (on Senior Status)
Smith is a GWBush appointee (on Senior Status)
Restrepo is an Obama appointee

No friends of Trump's

This post was edited on 12/1/25 at 8:55 am
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112461 posts
Posted on 12/1/25 at 8:56 am to
When the dust settles, Trump will prevail.

Under no possible reading of the Constitution can the Judicial Branch be vested with the authority to appoint Executive Branch officials.
Posted by IvoryBillMatt
Member since Mar 2020
8278 posts
Posted on 12/1/25 at 9:20 am to
quote:

Under no possible reading of the Constitution can the Judicial Branch be vested with the authority to appoint Executive Branch officials.


THIS is why there are so many suits against the Trump Administration. Accordingly to the statutes, Habba, Halligan, et al were illegally appointed. The question becomes "are those status unconstitutional?"

I don't know how the Supreme Court will ultimately decide the issue, but these rulings have been by the book so far.

This post was edited on 12/1/25 at 10:52 am
Posted by boosiebadazz
Member since Feb 2008
84461 posts
Posted on 12/1/25 at 9:27 am to
quote:

Grassley won't move them because of blue slips (Dem Senators gumming up the works until Trump appoints someone they like [i.e., an enemy to Trump's goals])


So the checks and balances of the advice and consent of the Senate?
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
295995 posts
Posted on 12/1/25 at 9:29 am to
quote:

Lawfare doesn't exist,


As usual, youre confused.

Playing loose with the rules will always result in being checked by the courts. See Bidens many attempts to cancel student loans.

Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
295995 posts
Posted on 12/1/25 at 9:30 am to
quote:


If you act in such an extreme-aggressive manner while also trying novel theories that are clownish, you're going to have a lot of that behavior ruled illegal. It's not some conspiracy.


Its common sense, something tCult doesnt possess collectively.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112461 posts
Posted on 12/1/25 at 9:34 am to
quote:

So the checks and balances of the advice and consent of the Senate?


Funny. I dont recall seeing blue slips in Article 1.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
84190 posts
Posted on 12/1/25 at 9:34 am to
quote:

Funny. I dont recall seeing blue slips in Article 1.

Posted by Bama Mountain
Member since Oct 2025
961 posts
Posted on 12/1/25 at 9:40 am to
When judges across the country, and across the political spectrum, consistently rule against Trump‘s illegal appointments perhaps it’s time to question his actions instead of promoting nonsensical conspiracy theories.
Posted by Jbird
In Bidenville with EthanL
Member since Oct 2012
84190 posts
Posted on 12/1/25 at 9:41 am to
Sure thing Boasberg Mountain.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
56884 posts
Posted on 12/1/25 at 9:50 am to
That has nothing to do with it. Read the damn law. The Trump team got sloppy and tried to pull a fast one. I keep telling y'all Biondi is sloppy as hell. This kind of crap should not take place when everyone is already gunning for you. Most Trump judges would have probably ruled the same way.
Posted by boosiebadazz
Member since Feb 2008
84461 posts
Posted on 12/1/25 at 9:52 am to
Check Section 5
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112461 posts
Posted on 12/1/25 at 9:55 am to
quote:

Check Section 5


Ah, yes, rules of the chamber.

Except, blue slips aren't a rule of the chamber. They are a custom.
This post was edited on 12/1/25 at 10:02 am
Posted by RelentlessAnalysis
Member since Oct 2025
1710 posts
Posted on 12/1/25 at 9:59 am to
quote:

Funny. I dont recall seeing blue slips in Article 1.
Article I, Section 5, Clause 2
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112461 posts
Posted on 12/1/25 at 10:01 am to
quote:

quote:
Funny. I dont recall seeing blue slips in Article 1.
Article I, Section 5, Clause 2


Thanks for parroting boosie. I already reaponded.
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