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re: US appeals court rules Alina Habba disqualified as New Jersey prosecutor

Posted on 12/1/25 at 1:02 pm to
Posted by ATrillionaire
Houston
Member since Sep 2008
3296 posts
Posted on 12/1/25 at 1:02 pm to
quote:

This can't be stressed enough. The process needs to be changed. The people express their will by electing the President. Irrespective of party, the President should get votes on all of his appointments within 3 months of their appointments.

The Senate loathes their responsibility for confirming clowns into positions of power.
Posted by JimEverett
Member since May 2020
2414 posts
Posted on 12/1/25 at 1:13 pm to
quote:

Didn't Alito as a lower level judge uphold the statute?


No.

Alito was not a judge - he was an attorney in the Office of Legal Counsel when he authored an opinion on the meaning of the statute appointing an "interim" U.S. Attorney.
That applies to Halligan's appointment in the ED of Virginia.

Haba was supposedly "acting" U.S. Attorney through the Federal Vacancies Reform Act.

Thee are two different statutes and are not related
Posted by lake chuck fan
Vinton
Member since Aug 2011
23815 posts
Posted on 12/1/25 at 1:27 pm to
But the law states that the judicial district "may appoint " an interim US attorney. It doesn't say "it shall" appoint an interim US attorney.
Big difference.




quote:

Appointment by District Court (Indefinite Until Permanent Appointment):If the 120-day period expires without a Senate-confirmed replacement, the district court for that judicial district (specifically, the chief judge or a panel) may appoint an interim U.S. Attorney (§ 546(d))


Posted by thermal9221
Youngsville
Member since Feb 2005
15113 posts
Posted on 12/1/25 at 1:40 pm to
quote:

It's not some conspiracy


I've never seen someone that acts like they know everything and knows so little.


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