Overview
- The 3rd U.S. Circuit Court of Appeals heard arguments in Philadelphia as judges pressed DOJ lawyer Henry Whitaker on the legality of the steps used to retain Alina Habba, with Judge D. Brooks Smith calling the theory a possible circumvention of the Appointments Clause.
- DOJ defended Habba’s status by citing first‑assistant succession and delegated authority under overlapping statutes, though Whitaker acknowledged he could not cite another instance with a similar chain of actions for a U.S. attorney.
- A district judge ruled in August that Habba has been serving unlawfully since her 120‑day interim term expired in July and said her post‑July actions could be voided, but stayed the order pending appeal.
- Defense lawyers warned that an adverse ruling could force dismissals or refilings of cases brought under Habba, while similar challenges in Nevada and in the Eastern District of Virginia threaten to broaden the disruption.
- Habba’s tenure continued after New Jersey’s federal judges selected a career prosecutor to replace her, a move undone when Attorney General Pam Bondi removed that successor and reinstalled Habba through special appointments and delegation.