An appeals court seemed skeptical about the Trump administration’s arguments on Oct. 20 that Alina Habba could legally continue as acting U.S. Attorney for the state of New Jersey.
She had been removed from the position and replaced, but the administration fired her replacement before reinstalling her as top prosecutor for the state.
The hearing stems from lawsuits by three New Jersey defendants facing prosecution under Habba. They allege that she holds the position unlawfully, and seek to have their cases dismissed.
In August, a lower court agreed, and President Donald Trump’s administration appealed.
Judge D. Brooks Smith, one member of a three-judge panel for the Third Circuit Court of Appeals, questioned the fact that Habba was listed on court filings as both “acting U.S. attorney” and “Special Attorney.”…