New Jersey U.S. Attorney Alina Habba is in court Monday to appeal a lower-court decision that she she's in the position illegitimately as she has never been confirmed by the Senate.
Politico reported last month that there are a number of examples of U.S. attorneys who have not been confirmed, besides Habba.
The Third Circuit Court of Appeals heard her appeal Monday morning.
National security reporter David Rohde warned that what happens in the Habba case will have a direct impact on whether Lindsey Halligan is considered a legitimate U.S. Attorney. Like Habba, Halligan has not been confirmed by the U.S. Senate. Allowing those appointments despite a lack of Senate confirmation concedes further congressional power to President Donald Trump, he argued.
Habba, who had been Trump's personal criminal lawyer, was appointed by him to take over the New Jersey role.
Rohde and Michigan Law School Professor Barbara McQuade noted that the outcome of the Habba hearing would have a major impact on the cases involving former FBI Director James Comey and New York Attorney General Letitia James, both of whom were indicted in the Eastern District of Virginia under the direction of Halligan.
"It means that every one of those cases that has been indicted since she took office over at that office is null and void," McQuade said of Habba's cases, if she loses her position. "It's the same thing we saw in Florida when Judge Aileen Cannon dismissed the case against Donald Trump, finding that the special counsel had been inappropriately appointed contrary to regulations and law and the Constitution."
She said that if the person in the post is not considered valid by the court, "then every defendant is going to have their case dismissed."
"Now, it probably includes drug dealers, corrupt public officials, all kinds of cases. Now, they could appoint a new U.S. attorney there to remedy that problem and refile some of those cases. But it could mean a mad scramble for people who are working there," she noted.
