Acting United States Attorney Alina Habba came under fresh scrutiny on Monday with a federal appeals court concluding that she was serving illegally.

The Donald Trump ally was appointed as the top federal prosecutor for New Jersey in March but saw her interim appointment expire without Senate confirmation. The US government had subsequently used a series of legal manoeuvres to keep her in the role.

Who is Alina Habba?

Habba, aged 41, had gained prominence as Trump’s civil litigation attorney and played a visible role in his 2024 presidential campaign, according to reports.

Born to Chaldean Catholic parents who emigrated from Iraq to the US in the early 1980s to escape persecution in their home country, Habba has also previously worked in the fashion industry before pursuing law, reports claimed.

Habba was appointed by Trump

Habba was initially appointed in an interim capacity as New Jersey’s top federal prosecutor by Trump in March this year but her 120-day acting appointment expired without Senate confirmation.

The Trump administration was accused of using a series of legal manoeuvres to keep her in the role, which federal judges determined violated the Federal Vacancies Reform Act and other appointment statutes. While Trump nominated her for the permanent US attorney position, the Senate did not act on the nomination, ABC News reported.

Habba reportedly lacked prior criminal law experience before her appointment.

What does the ruling mean for other Trump appointees?

The ruling bring a significant legal setback for Trump administration. It not only bars her from continuing as US attorney but could have wider ramifications for other similar appointments, with parallel cases involving Trump-appointed US attorneys in California, Nevada, and Virginia under judicial scrutiny.

Some of these cases may reach the US Supreme Court, potentially reshaping federal appointment practices, Politico reported.

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