Federal appeals court declines to reconsider Alina Habba disqualification case
Source: msn.com
Misty Severi 3h • 2 min read
A federal appeals court Monday declined to reconsider a three-judge panel's decision to uphold Alina Habba's disqualification as the top federal prosecutor in New Jersey, paving the way for the case to be heard before the Supreme Court.
The three judges issued the ruling last month, finding that Habba, who previously served as President Donald Trump's personal lawyer, was unconstitutionally appointed after her interim appointment expired without Senate confirmation.
The U.S. Court of Appeals for the 3rd Circuit said in a short order that the judges who gave the ruling last month did not ask to rehear the case, and that the majority of judges in the 3rd Circuit voted against putting the matter in front of the full court.
Three of the court's judges did rule in favor of hearing Habba's case, but it needed a majority of the 11 judges to hear the case. One judge is expected to issue a dissent, according to The Hill.
The Justice Department has attempted to keep Habba in her interim role after the appointment expired, but the former attorney stepped down in December. ...............
Read more: https://www.msn.com/en-us/news/crime/federal-appeals-court-declines-to-reconsider-alina-habba-disqualification-case/ar-AA1V1Yh9
Here is another article---much longer with good details.
Appeals court won’t reconsider Habba disqualification, paving way to Supreme Court
https://thehill.com/regulation/court-battles/5706899-federal-appeals-court-declines-rehear/
A federal appeals court has declined to reconsider a three-judge panel’s decision to uphold Alina Habba’s disqualification as the top federal prosecutor in New Jersey, paving the way for the Justice Department to take President Trump’s fight to retain loyalist U.S. attorneys to the Supreme Court........................
Judge Emil Bove, another of Trump’s former attorneys who was appointed by the president to the bench, did not take part in the vote.
The decision keeps intact the panel’s ruling that Habba’s tenure became unlawful when she remained in the role after her 120-day interim term expired, despite the “novel series of legal and personnel moves” the administration took to keep her in the job.
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The Virginia prosecutor, Lindsey Halligan, is reportedly no longer with the Justice Department after resigning last week. A judge barred her from “representing herself as the United States Attorney in any pleading or otherwise before this Court until such time as she may lawfully hold the office either by Senate confirmation or appointment by this Court … should either occur.”..................
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