An appeals court on Monday ruled that Alina Habba is disqualified from serving as New Jersey’s top federal prosecutor.
A panel of the 3rd U.S. Circuit Court of Appeals judges in Philadelphia agreed with a lower court ruling after hearing oral arguments in October, The Associated Press reported.
The Justice Department has attempted to keep Habba as the acting U.S. attorney for New Jersey after her interim appointment expired and without a Senate confirmation.
As her appointment was expiring earlier this year, federal judges in New Jersey exercised their legal authority to replace Habba with a career prosecutor who had served as her second-in-command.
Attorney General Pam Bondi then fired the prosecutor and renamed Habba as acting U.S. attorney. The DOJ said the judges acted prematurely and that President Trump had the authority to appoint his preferred candidate to enforce federal laws in the state.
