Alina Habba's legal authority
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Habba’s term as the interim U.S. attorney expired this week, and since the Senate never voted to confirm her, it was up to federal judges in the state to vote to extend her term—which they declined to do, instead appointing her deputy Desiree Leigh Grace to fill the role on Tuesday.
TRENTON, N.J. (AP) — President Donald Trump has moved to keep his former defense attorney Alina Habba on the job as the top federal prosecutor in New Jersey, even though a panel of judges refused to extend her tenure.
"Acting" U.S. Attorney of New Jersey Alina Habba says the judges who took a vote last week and decided not to extend her tenure as the Garden State's top federal prosecutor "preempted and struck out." The post 'Preempted and struck out': Alina Habba fires back at judges who tried killing her US attorney bid,
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The Trump administration could try to use a workaround to keep Habba effectively in the U.S. Attorney role—but that could present legal challenges.
Trump’s action avoids a provision of federal law that restricts a person from serving as an acting officer if the president has submitted their nomination to the Senate, according to the report. That law limits her time as acting U.S. attorney to 210 days.
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Habba’s disastrous tenure as a federal prosecutor appeared to be over — until Donald Trump and Pam Bondi came up with a scheme to keep her in place.
President Trump’s pick for New Jersey’s top federal prosecutor, Alina Habba, on Thursday said she would continue on in the position despite a judicial decision declining to extend her