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Appeals Court Says Alina Habba Is Unlawful U.S. Attorney
New York Times ^ | December 1, 2025 | Jonah E. Bromwich and Tracey Tully

Posted on 12/01/2025 7:14:44 AM PST by Miami Rebel

A federal appeals court said on Monday that Alina Habba had been serving unlawfully as the U.S. attorney in New Jersey, dealing a blow to the Trump administration and most likely setting up a showdown at the Supreme Court.

In its ruling, the three-judge panel, based in Philadelphia, affirmed an earlier ruling by a Federal District Court judge, shooting down each of the government’s arguments for why Ms. Habba could continue to serve.

In their opinion, the judges wrote that the Trump administration appeared to have become frustrated by the legal and political barriers that have prevented its preferred U.S. attorneys from leading federal prosecutors’ offices. They added that the maneuvers undertaken to keep Ms. Habba in charge exemplified the difficulties it had faced.

“Yet the citizens of New Jersey and the loyal employees in the U.S. attorney’s office deserve some clarity and stability,” the judges wrote.

(Excerpt) Read more at nytimes.com ...


TOPICS: Miscellaneous
KEYWORDS: concern; dukeywordtroll; finally; habba; newjersey; sheisincompetent; tdsposter

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To: Miami Rebel

That dickhead Thune could confirm her this afternoon if he wanted.


41 posted on 12/01/2025 8:24:23 AM PST by DesertRhino (When men on the chessboard, get up and tell you where to go…)
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To: Gay State Conservative

Dershowitz? He’s too busy defending pedophiles.


42 posted on 12/01/2025 8:25:32 AM PST by DesertRhino (When men on the chessboard, get up and tell you where to go…)
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To: MeanWestTexan

None.


43 posted on 12/01/2025 8:26:35 AM PST by Miami Rebel
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To: Miami Rebel

Maybe it’s time to give Blondi and Habbadabadoo! sinecures in offices surrounded by glass so everyone can see them, then the president hires a coupla hard, pipe-hittin’ lawyas, who’ll go to work on the dems here with a pair of pliers and (etc.)

>B-but Ken Starr wasn’t eye candy ... leave Bondi alone!


44 posted on 12/01/2025 8:28:11 AM PST by tumblindice (America's founding fathers: all armed conservatives)
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To: Miami Rebel
In their glee to punch Trump, I didn't see that the NYT wrote why she's not eligible. I didn't, and won't, click into a NYT story.
45 posted on 12/01/2025 8:53:32 AM PST by libertylover (The HBM (Has Been Media) is almost all AGENDA-DRIVEN and HATE-DRIVEN, not-truth driven.)
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To: libertylover

The Times DID summarize:

In its ruling, the three-judge panel, based in Philadelphia, affirmed an earlier ruling by a Federal District Court judge, shooting down each of the government’s arguments for why Ms. Habba could continue to serve.

In their opinion, the judges wrote that the Trump administration appeared to have become frustrated by the legal and political barriers that have prevented its preferred U.S. attorneys from leading federal prosecutors’ offices. They added that the maneuvers undertaken to keep Ms. Habba in charge exemplified the difficulties it had faced.

“Yet the citizens of New Jersey and the loyal employees in the U.S. attorney’s office deserve some clarity and stability,” the judges wrote.


46 posted on 12/01/2025 8:59:41 AM PST by Miami Rebel
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To: libertylover

Here’s the court’s opinion (written by Judge Fisher):

https://s3.documentcloud.org/documents/26313458/habbaopn120125.pdf


47 posted on 12/01/2025 9:01:29 AM PST by Miami Rebel
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To: Miami Rebel

That’s nothing compared to the illegal judges made by AutoPen.


48 posted on 12/01/2025 9:04:44 AM PST by fella ("As it was before Noah so shall it be again," )
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To: Miami Rebel

I don’t know if she is qualified or authorized, but she is kinda hot, so I would make an exception. But that is probably why I am not on the bench.


49 posted on 12/01/2025 9:41:54 AM PST by FlipWilson
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To: montag813

She was blue slipped by Booker and Kim, the Senators from NJ. This is a traditional option where a Senator can block an appointment. They said it was because she had no prosecutorial experience. I think it is clear that is an excuse.

That said, appointing US Attorneys is a political decision. We should not be “shocked” when it becomes political.

Some times it’s worth fighting over. Other times it’s not. I really don’t care about this person. I DO care that cases are about to get dismissed because she held the job outside of the defined rules for appointment.

Are we interesting in getting stuff done, or are we going to fight a losing battle. The Senate is not going to change their rules because of this appointment.


50 posted on 12/01/2025 9:43:05 AM PST by Vermont Lt
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To: Vermont Lt
She was blue slipped by Booker and Kim, the Senators from NJ. This is a traditional option where a Senator can block an appointment. They said it was because she had no prosecutorial experience. I think it is clear that is an excuse.

And Thune allowed this.

51 posted on 12/01/2025 9:56:46 AM PST by montag813
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To: montag813

Thune had no practical way to stop it.

This is the stuff that has gone on in the Senate since 1804.

Politics is a tough sport. I doubt that Trump is going to win this in the courts. He should appoint her to some office in the AGs world, declare victory, and get on with life.

This is not a hill Trump should die on.


52 posted on 12/01/2025 10:00:18 AM PST by Vermont Lt
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To: Vermont Lt
Thune had no practical way to stop it.

Blue slips should not apply to judges or prosecutors, in line with the Reid Rule for filibusters.

53 posted on 12/01/2025 10:17:50 AM PST by montag813
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To: antidemoncrat

The cases against Trump were in DC and Florida, neither of which are part of the Third Circuit. They wouldn’t have been involved.


54 posted on 12/01/2025 10:59:26 AM PST by Coronal
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To: alancarp
Biden = Obama = Bush

All the same guy, look at the policies. War everywhere, open borders, erasure of constitutional rights under color of preserving our way of life, etc.

55 posted on 12/01/2025 11:14:55 AM PST by pepsi_junkie ("We want no Gestapo or Secret Police. F. B. I. is tending in that direction." - Harry S Truman)
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To: montag813

It’s a bad rule until it works for your side.

This issue is not worth fighting over. She is not that big of a deal.


56 posted on 12/01/2025 11:44:43 AM PST by Vermont Lt
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To: Miami Rebel

Activist judges will do anything to stop Trump.


57 posted on 12/01/2025 12:24:34 PM PST by TBP (Decent people cannot fathom the amoral cruelty of the Democrat cult.)
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To: Miami Rebel

This is all because of the Republicans and the blue slips. Grassley needs to go.


58 posted on 12/01/2025 2:41:47 PM PST by roving
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