Ex-Trump lawyer illegally serving as New Jersey prosecutor

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The Donald Trump administration faced another legal hurdle on Monday when the president's former personal lawyer was once again disqualified from serving as New Jersey's top federal prosecutor.

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A panel of judges on the Third U.S. Circuit Court of Appeals upheld the lower court's ruling that The White House broke the law through a series of maneuvers, install Alina Khabba into office without the support of the Senate.

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“Under the government's delegation theory, Hubba can avoid presidential nomination and Senate confirmation trials and serve as de facto U.S. attorney indefinitely,” the government spokesman said. the three-judge panel wrote via CNN. “This view is so broad that it completely bypasses the constitutional process (of appointment and confirmation by the Senate).”

The court's decision deals another legal blow to the Trump White House in its bid to force Hubba to continue serving as the U.S. attorney for New Jersey, which The Associated Press called a “powerful post” charged with enforcing federal and criminal laws.

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Ripple effect in other key jurisdictions?

The decision could also have a ripple effect in key jurisdictions where the Trump administration does not have Senate-confirmed U.S. attorneys, CNN reported, such as the Los Angeles and Las Vegas areas.

Trump appointed Hubba as the interim U.S. attorney for New Jersey earlier this year, but she resigned when it became clear that district court judges were not going to appoint her U.S. attorney as the deadline for her interim appointment approached, CNN reported.

Attorney General Pam Bondi then named Hubba special counsel and then gave her the title of first assistant U.S. attorney, CNN reported. She was then delegated the powers of the US Attorney.

Hubba, whose temporary appointment expired without the aforementioned Senate confirmation, said in a post on X after the Oct. 20 court hearing that she fought “on behalf of 26 U.S. Bar candidates who were denied the opportunity to participate in Senate hearings.”

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“The president appoints people to carry out the mission of this administration, and that mandate should be respected,” she said.

George W. Bush and Barack Obama's appointees on the bench

The White House did not immediately comment on the decision, the AP reported, instead referring questions to the Justice Department. The AP also left messages with the U.S. Attorney's Office in New Jersey, Hubba's personal assistant and the Justice Department.

CNN also has not received comment from the Justice Department.

The panel of judges included George W. Bush appointees D. Brooks Smith and D. Michael Fisher, and Barack Obama appointee Luis Felipe Restrepo.

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The decision follows similar cases in Comey and James.

However, the appellant's lawyers said the decision shows that Habba is holding office illegally.

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“We will continue to challenge President Trump's unlawful appointments of putative U.S. attorneys wherever possible,” Abby Lowell, Jerry Krovatin and Norm Eisen said in a statement to the AP.

The decision comes on the heels of a federal judge's finding that Interim U.S. Attorney for the Eastern District of Virginia Lindsey Halligan was unlawfully appointed to dismiss criminal charges against former FBI Director James Comey and New York Attorney General Letitia James.

Halligan was also a member of Trump's personal legal team.

The Justice Department said it plans to appeal the decisions in the Comey-James case.

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