On the morning of December 1st local time, the U.S. Third Circuit Court of Appeals ruled that Alina Habba, former private lawyer of Donald Trump, served as a federal prosecutor in New Jersey illegally. The court pointed out that the government's attempt to circumvent the Senate confirmation process and install her in this position violated the Constitution. Maintaining the original judgment of the district court, "acting" appointments were also not acceptable.
Habba was the main lawyer for civil and criminal litigation for Trump's first term.
She was appointed by the Trump administration as an "acting" federal prosecutor in March this year. After her 120-day statutory acting term ended, the government attempted to keep her in office through a series of personnel operations due to her failure to obtain Senate confirmation.
A panel of judges from the U.S. Third Circuit Court of Appeals (composed of two judges appointed by Republican presidents and one by a Democratic president) stated that the government's series of actions violated federal laws governing the term of temporary appointments, aimed at circumventing the Senate confirmation process, and therefore ruled that Habba has been serving illegally since July 1st.
This ruling is a significant legal blow to the Trump administration, not only leaving the position of the U.S. Attorney in New Jersey vacant but also possibly affecting similar appointments in Los Angeles, Las Vegas, and other locations. The Department of Justice has not yet decided whether to appeal.
Subsequent impact of this case: Habba must immediately resign. Some federal cases handled by her office after July 1st may face delays or challenges due to her questionable authority.
In the long term, this case once again clarified the legal boundaries of the appointment procedures for federal prosecutors, limiting the attempts of the executive branch to bypass legislative oversight. However, partisan struggles over official appointments are expected to continue under the current political environment in the United States.
Original article: toutiao.com/article/1850341198366732/
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