The U.S. Court of Appeals for the Third Circuit agreed with a lower court’s ruling that Habba was given the U.S. attorney position through a “novel series of legal and personnel moves” and was not legally able to take the job.
Habba was originally meant to leave her interim position over the summer, as New Jersey federal judges refused to extend her 120-day appointment as U.S. attorney. But the Trump administration fired Desiree Grace, the U.S. attorney first assistant and Habba’s planned successor, prior to the end of Habba’s appointment, purposefully leaving the role unfilled. It then made Habba first assistant, allowing her to take the role of acting U.S. attorney without a Senate confirmation—which she may have likely failed.
“My fight will now stretch across the country. As we wait for further review of the court’s ruling, I will continue to serve the Department of Justice as the Senior Advisor to the Attorney General for U.S. Attorneys,” Habba’s statement concluded. “Make no mistake, you can take the girl out of New Jersey, but you cannot take New Jersey out of the girl.”
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