Congressman Frank Pallone, Jr. (D-6) released the following statement after the Third Circuit affirmed that Alina Habba was never legally serving as Acting U.S. Attorney for the District of New Jersey:

“Today’s ruling is exactly why I helped pass the Preserving United States Attorney Independence Act. The law is simple: U.S. Attorneys must answer to the Constitution, not to political pressure from the White House. With this decision the Third Circuit has made it clear that Alina Habba was never the Acting U.S. Attorney. The Trump Administration broke the law when it tried to reinstall her anyway.

“Habba’s illegal appointment caused real problems in New Jersey -- from delayed trials to confusion in our federal courts. I joined this brief to protect the law we wrote and to make sure New Jersey gets a U.S. Attorney chosen through a lawful process. Today’s decision restores that process and reinforces the checks and balances that keep politics out of our justice system.”

In October, Pallone joined an amicus brief urging the Third Circuit to uphold the law. The court’s ruling confirms that Habba was never legally serving as Acting U.S. Attorney.

Congress passed the Preserving United States Attorney Independence Act in 2007 to prevent presidents from installing unconfirmed political allies as U.S. Attorneys. The law requires Senate confirmation within 120 days and authorizes federal judges to appoint an interim replacement if that deadline passes.

For context, from The Guardian:

Donald Trump’s former personal lawyer Alina Habba, whom his administration has maneuvered to keep in place as New Jersey top federal prosecutor, is disqualified from serving in the role, an appeals court said Monday.

A panel of judges from the third US circuit court of appeals sitting in Philadelphia sided with a lower court judge’s ruling after hearing oral arguments at which Habba herself was present on 20 October.

“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place. Its efforts to elevate its preferred candidate for US attorney for the district of New Jersey, Alina Habba, to the role of acting US attorney demonstrate the difficulties it has faced – yet the citizens of New Jersey and the loyal employees in the US attorney’s Office deserve some clarity and stability,” the court wrote in a 32-page opinion.