Posted on 10/20/2025 6:48:50 PM PDT by Dr. Franklin
A judge in August ruled that Habba was serving without legal authority.
The Trump administration’s efforts to keep Alina Habba as acting U.S. Attorney for the District of New Jersey faced a key test today, as the Third Circuit Court of Appeals heard oral arguments about whether or not to overrule a district judge’s August ruling disqualifying Habba from her role.
The Third Circuit’s three-judge panel – consisting of Senior Judges D. Brooks Smith and D. Michael Fisher, both George W. Bush appointees, and Judge L. Felipe Restrepo, an Obama appointee – did not say when a ruling should be expected in the case, which has nationwide implications for President Donald Trump’s powers to appoint key officials without any input from the Senate or the federal judiciary.
Smith, Fisher, and Restrepo had incisive questions for both sides of the thorny legal and political issue in court today. But the judges were particularly interested in probing some of the government’s arguments in favor of Habba, noting that they would effectively give presidential administrations the power to circumvent the checks-and-balances otherwise placed on presidential appointment powers.
“Would you concede that the sequence of events here – for me, they’re unusual, and we can recite them if you wanted to take the time – would you concede that there are serious constitutional implications to your theory, the government’s theory, which really is a complete circumvention, it seems, of the appointments clause?” asked Senior Judge D. Brooks Smith, a Bush appointee.
Henry Whitaker, an Assistant U.S. Attorney General who argued the case for the government, ... “There’s nothing unusual about the current status quo in ... New Jersey, where you have an acting official who is serving and there is no present nominee,” Whitaker said. “That’s a circumstance that Congress explicitly contemplated would occur.”
(Excerpt) Read more at newjerseyglobe.com ...
Two Grabby Poppy stooges and a Benedict Obama stooge.
Sorry, two DUBYA judges.
D. Brooks Smith retired after Trump could replace - Biden’s puppeteers got to name a Commie. Smith is Team RINO.
D. Michael Fisher retired when Trump could name his replacement - Team Republican player. Still 2 stooges versus an actual judge.
Thanks for the update.
When is John Roberts going to toss out the 2019 Trump impeachment, based on new evidence, based on checks and balances-—which is the reason WHY the chief justice presides over impeachments in the first place? When is Bragg’s case against Trump being tossed out on its ear for being a completely unfair trial with no real evidence to support bringing charges? Habba lost that case. Trump rewards loyalty more than competence, I fear. I get it, though. I still have a problem with Merrick Garland taking Emmitt Sullivan’s appeal, as if General Flynn had no rights. Then Biden appoints him AG after Garland abused power to help Biden win 2020. Stinks to high heaven.
judicial corruption
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