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Trump HIT with DEVASTATING BLOW as PROSECUTOR is TOSSED

2025-12-06 News & Politics
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Legal AF
Legal AF
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Third Circuit Court Halts Trump’s Scheme to Bypass Senate Confirmation for US Attorneys

The Third Circuit Court of Appeals struck down an illegal political appointment method used by Donald Trump, establishing a critical check on executive power used to sidestep Senate oversight for federal prosecutors.

Short Summary

  • The Third Circuit unanimously invalidated the temporary appointment status of Alina Habba (NJ US Attorney) by ruling Trump's workarounds violated the Federal Vacancies Reform Act.
  • This ruling ends the court system's prior leniency toward Trump's appointment tactics and directly jeopardizes at least four other unconfirmed US Attorneys across the country.
  • The discussion outlines Habba’s controversial legal background, including sanctions and massive defamation loss, positioning this ruling as a victory for prosecutorial independence.

This segment unpacks the unanimous 3-0 ruling that stopped Trump’s attempt to keep Alina Habba serving as the US Attorney for New Jersey beyond the statutory 120-day limit. Hosts Brian Kabateck and Shant Karnikian analyze how the scheme frustrated Senate confirmation—the primary role of the Senate—and examine the wider implications for other unlawfully installed prosecutors.

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Description

Brian Kabateck and Shant Karnikian discuss the Third Circuit Court of Appeals' unanimous 3-0 ruling disqualifying Alina Habba from serving as US Attorney for New Jersey. The court found Trump's attempts to circumvent the Federal Vacancies Reform Act violated federal law—after Habba's 120-day interim appointment expired, Attorney General Pam Bondi withdrew her nomination, appointed her "Special Attorney" with delegated US Attorney powers, then made her First Assistant to automatically elevate her to acting US Attorney. The three-judge panel (two Bush appointees, one Obama appointee) ruled this scheme frustrated the Senate confirmation process and would allow anyone to fill the position indefinitely. Brian argues courts are ending their initial leeway toward Trump's appointments, and the ruling threatens at least four other unconfirmed US attorneys including Lindsey Halligan (Eastern District Virginia—Comey/James prosecutions), Bill Essayli (Central District California), and prosecutors in Nevada and Northern New York. The hosts predict this could impact Trump's broader pattern of bypassing Senate confirmation for appointments. Brian highlights Habba's track record as Trump's attorney: sanctioned nearly $1 million for the frivolous Hillary Clinton conspiracy lawsuit, $84 million E. Jean Carroll defamation verdict, and dismissed $100 million New York Times lawsuit that violated the Constitution. Subscribe: https://www.youtube.com/@LegalAFMTN?sub_confirmation=1 Legal AF Substack: https://substack.com/@legalaf Follow Legal AF on Bluesky: https://bsky.app/profile/legalafmtn.bsky.social Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky.social Subscribe to the Legal AF by MeidasTouch podcast here: https://podcasts.apple.com/us/podcast/legal-af-by-meidastouch/id1580828595

Top Comments (10)

@mrmcphilsconfidential8562 2025-12-06

Trumps entire chain of legal representatives need to be tossed, investigated and disbarred, if they have licenses.

46 1 replies
@marqsee7948 2025-12-06

well, gosh AND golly, there are Supreme Court appointments that need to be dealt with, too!

27 1 replies
@terryt.1643 2025-12-06

These incompetent US Attorney “prosecutors” should also be disbarred because of their illegal acts. Don’t forget the corrupt SCOTUS, either.

25
@randythomas5401 2025-12-06

Thanks Your honors for standing up to these clowns

25
@OmegaGirl3 2025-12-06

THEY ARE ALL CROOKED JUST LIKE THE FELON IN HOUSE!!!

24
@BlancaSanchez-cv5xw 2025-12-06

The corrupt Supreme Court will reverse that rule.

18 1 replies
@ianstewart1946 2025-12-06

I guess you can't fake being a US Attorney either.

18 1 replies
@danvarnes7127 2025-12-06

Trump for prison 26

14
@twosixtyninechatter653 2025-12-06

Habba can't fake pretty, either!

9
@viviannash-jeffries4357 2025-12-06

Trump has made the Congress a useless body, the Supreme Court darn near useless and now the Senate

8

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