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How are U.S. attorneys appointed? Process after Alina Habba resigned

attorneylegalcounsel99 — Sat, 13 Dec 2025 20:38:17 +0000

Court disqualifies Trump ally Habba as New Jersey federal prosecutor

A federal appeals court disqualified Alina Habba, a former personal lawyer to Donald Trump, from supervising cases in a decision rebuking the president.

After months of controversy, New Jersey is likely to have a new U.S. attorney.

Alina Habba, a former lawyer to President Donald Trump whom he later appointed as New Jersey’s top prosecutor, has officially resigned as of Dec. 8.

It comes just days after a federal appeals court determined that Habba was unlawfully appointed as the state’s federal prosecutor and disqualified her from supervising cases.

In a statement posted to X, Habba said she was resigning as acting U.S. attorney for New Jersey to “protect the stability and integrity of the office.”

“But do not mistake compliance for surrender,” she added.

Habba was initially appointed in March as the interim U.S. attorney for the District of New Jersey. Although her 120-day term ended in July, the Justice Department has kept her in place through a series of controversial moves.

Now, after her resignation, Habba will be taking on a new role as senior adviser to attorney General Pam Bondi — although, as reported by USA TODAY, Bondi said the Justice Department is seeking a “further review” of the appellate decision. If it is reversed, Habba intends to return to her role as U.S. attorney for New Jersey.

What comes next? Here’s a look at the process to replace federal prosecutors.

What is a U.S. attorney?

United States attorneys, as detailed by the Justice Department, serve as the country’s principal litigators under the direction of the attorney general.

There are 93 U.S. attorneys stationed throughout the country, Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands for a total of 94 districts.

Each U.S. attorney is the chief federal law enforcement officer within their jurisdiction.

How are U.S. attorneys chosen?

Typically, U.S. attorneys are nominated by the president and confirmed by the U.S. Senate to serve a term of four years.

Habba was never confirmed by the Senate during 120 days as acting U.S. attorney.

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The post How are U.S. attorneys appointed? Process after Alina Habba resigned appeared first on Attorney Legal Counsel.

How are U.S. attorneys appointed? Process after Alina Habba resigned

attorneylegalcounsel99 — Sat, 13 Dec 2025 17:37:13 +0000

Court disqualifies Trump ally Habba as New Jersey federal prosecutor

A federal appeals court disqualified Alina Habba, a former personal lawyer to Donald Trump, from supervising cases in a decision rebuking the president.

After months of controversy, New Jersey is likely to have a new U.S. attorney.

Alina Habba, a former lawyer to President Donald Trump whom he later appointed as New Jersey’s top prosecutor, has officially resigned as of Dec. 8.

It comes just days after a federal appeals court determined that Habba was unlawfully appointed as the state’s federal prosecutor and disqualified her from supervising cases.

In a statement posted to X, Habba said she was resigning as acting U.S. attorney for New Jersey to “protect the stability and integrity of the office.”

“But do not mistake compliance for surrender,” she added.

What comes next? Here’s a look at the process to replace federal prosecutors.

What is a U.S. attorney?

United States attorneys, as detailed by the Justice Department, serve as the country’s principal litigators under the direction of the attorney general.

There are 93 U.S. attorneys stationed throughout the country, Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands for a total of 94 districts.

Each U.S. attorney is the chief federal law enforcement officer within their jurisdiction.

How are U.S. attorneys chosen?

Typically, U.S. attorneys are nominated by the president and confirmed by the U.S. Senate to serve a term of four years.

Habba was never confirmed by the Senate during 120 days as acting U.S. attorney.

The post How are U.S. attorneys appointed? Process after Alina Habba resigned appeared first on Attorney Legal Counsel.

How are U.S. attorneys appointed? Process after Alina Habba resigned

attorneylegalcounsel99 — Sat, 13 Dec 2025 14:35:27 +0000

Court disqualifies Trump ally Habba as New Jersey federal prosecutor

A federal appeals court disqualified Alina Habba, a former personal lawyer to Donald Trump, from supervising cases in a decision rebuking the president.

After months of controversy, New Jersey is likely to have a new U.S. attorney.

Alina Habba, a former lawyer to President Donald Trump whom he later appointed as New Jersey’s top prosecutor, has officially resigned as of Dec. 8.

It comes just days after a federal appeals court determined that Habba was unlawfully appointed as the state’s federal prosecutor and disqualified her from supervising cases.

In a statement posted to X, Habba said she was resigning as acting U.S. attorney for New Jersey to “protect the stability and integrity of the office.”

“But do not mistake compliance for surrender,” she added.

What comes next? Here’s a look at the process to replace federal prosecutors.

What is a U.S. attorney?

United States attorneys, as detailed by the Justice Department, serve as the country’s principal litigators under the direction of the attorney general.

There are 93 U.S. attorneys stationed throughout the country, Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands for a total of 94 districts.

Each U.S. attorney is the chief federal law enforcement officer within their jurisdiction.

How are U.S. attorneys chosen?

Typically, U.S. attorneys are nominated by the president and confirmed by the U.S. Senate to serve a term of four years.

Habba was never confirmed by the Senate during 120 days as acting U.S. attorney.

The post How are U.S. attorneys appointed? Process after Alina Habba resigned appeared first on Attorney Legal Counsel.

How are U.S. attorneys appointed? Process after Alina Habba resigned

attorneylegalcounsel99 — Thu, 11 Dec 2025 11:18:05 +0000

Court disqualifies Trump ally Habba as New Jersey federal prosecutor

A federal appeals court disqualified Alina Habba, a former personal lawyer to Donald Trump, from supervising cases in a decision rebuking the president.

After months of controversy, New Jersey is likely to have a new U.S. attorney.

Alina Habba, a former lawyer to President Donald Trump whom he later appointed as New Jersey’s top prosecutor, has officially resigned as of Dec. 8.

It comes just days after a federal appeals court determined that Habba was unlawfully appointed as the state’s federal prosecutor and disqualified her from supervising cases.

In a statement posted to X, Habba said she was resigning as acting U.S. attorney for New Jersey to “protect the stability and integrity of the office.”

“But do not mistake compliance for surrender,” she added.

What comes next? Here’s a look at the process to replace federal prosecutors.

What is a U.S. attorney?

United States attorneys, as detailed by the Justice Department, serve as the country’s principal litigators under the direction of the attorney general.

There are 93 U.S. attorneys stationed throughout the country, Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands for a total of 94 districts.

Each U.S. attorney is the chief federal law enforcement officer within their jurisdiction.

How are U.S. attorneys chosen?

Typically, U.S. attorneys are nominated by the president and confirmed by the U.S. Senate to serve a term of four years.

Habba was never confirmed by the Senate during 120 days as acting U.S. attorney.

The post How are U.S. attorneys appointed? Process after Alina Habba resigned appeared first on Attorney Legal Counsel.

How are U.S. attorneys appointed? Process after Alina Habba resigned

attorneylegalcounsel99 — Wed, 10 Dec 2025 20:13:00 +0000

Court disqualifies Trump ally Habba as New Jersey federal prosecutor

A federal appeals court disqualified Alina Habba, a former personal lawyer to Donald Trump, from supervising cases in a decision rebuking the president.

After months of controversy, New Jersey is likely to have a new U.S. attorney.

Alina Habba, a former lawyer to President Donald Trump whom he later appointed as New Jersey’s top prosecutor, has officially resigned as of Dec. 8.

It comes just days after a federal appeals court determined that Habba was unlawfully appointed as the state’s federal prosecutor and disqualified her from supervising cases.

In a statement posted to X, Habba said she was resigning as acting U.S. attorney for New Jersey to “protect the stability and integrity of the office.”

“But do not mistake compliance for surrender,” she added.

What comes next? Here’s a look at the process to replace federal prosecutors.

What is a U.S. attorney?

United States attorneys, as detailed by the Justice Department, serve as the country’s principal litigators under the direction of the attorney general.

There are 93 U.S. attorneys stationed throughout the country, Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands for a total of 94 districts.

Each U.S. attorney is the chief federal law enforcement officer within their jurisdiction.

How are U.S. attorneys chosen?

Typically, U.S. attorneys are nominated by the president and confirmed by the U.S. Senate to serve a term of four years.

Habba was never confirmed by the Senate during 120 days as acting U.S. attorney.

The post How are U.S. attorneys appointed? Process after Alina Habba resigned appeared first on Attorney Legal Counsel.

How are U.S. attorneys appointed? Process after Alina Habba resigned

attorneylegalcounsel99 — Wed, 10 Dec 2025 14:10:56 +0000

Court disqualifies Trump ally Habba as New Jersey federal prosecutor

A federal appeals court disqualified Alina Habba, a former personal lawyer to Donald Trump, from supervising cases in a decision rebuking the president.

After months of controversy, New Jersey is likely to have a new U.S. attorney.

Alina Habba, a former lawyer to President Donald Trump whom he later appointed as New Jersey’s top prosecutor, has officially resigned as of Dec. 8.

It comes just days after a federal appeals court determined that Habba was unlawfully appointed as the state’s federal prosecutor and disqualified her from supervising cases.

In a statement posted to X, Habba said she was resigning as acting U.S. attorney for New Jersey to “protect the stability and integrity of the office.”

“But do not mistake compliance for surrender,” she added.

What comes next? Here’s a look at the process to replace federal prosecutors.

What is a U.S. attorney?

United States attorneys, as detailed by the Justice Department, serve as the country’s principal litigators under the direction of the attorney general.

There are 93 U.S. attorneys stationed throughout the country, Puerto Rico, the Virgin Islands, Guam and the Northern Mariana Islands for a total of 94 districts.

Each U.S. attorney is the chief federal law enforcement officer within their jurisdiction.

How are U.S. attorneys chosen?

Typically, U.S. attorneys are nominated by the president and confirmed by the U.S. Senate to serve a term of four years.

Habba was never confirmed by the Senate during 120 days as acting U.S. attorney.

The post How are U.S. attorneys appointed? Process after Alina Habba resigned appeared first on Attorney Legal Counsel.

Trump attorneys file motion to dismiss Georgia charges, cite 1st Amendment

attorneylegalcounsel99 — Mon, 18 Dec 2023 20:29:17 +0000

ATLANTA, Ga. (Atlanta News First) – Former President Donald Trump’s lead Georgia attorneys filed a motion on Monday that seeks to dismiss Fulton County District attorney Fani Willis’ charges against him based on 1st Amendment grounds.

The motion was filed by attorneys Steven Sadow and Jennifer Little in Fulton County Superior Court.

“The core political speech and expressive conduct alleged in this indictment against President Trump are protected from government regulation and thus criminal prosecution by the State,” Monday’s court filing said. “That fact becomes even more clear when considering the context within which the speech was uttered while challenging a presidential election was directed towards the state legislatures, state officials tasked with conducting investigations, and within lawsuits against those same officials.

“The speech sought action by the government, the very body responsible for educating itself before exercising its governmental functions on behalf of the people,” the filing said. “It was directed at the bodies responsible for conducting government business, the bodies with the information in their possession, the bodies undertaking the investigations, and the bodies vested with the authority of adjudicating such complaints.

“The speech was directed at the governmental bodies the Founders believed should always be challenged, and the bodies that must be capable of being challenged in a democracy where citizens are capable of guarding against governmental oppression.”

Last month, Sadow said the nation’s 45th president believed the 2020 election had indeed been stolen from him; thus, his statements about election malfeasance are protected by the First Amendment.

“Here, the indictment’s recitation of supposedly ‘false’ statements and facts, undisputed solely for purposes of a First Amendment-based general demurrer/motion to dismiss, show that the prosecution of President Trump is premised on content-based core political speech and expressive conduct protected by the First Amendment,” Sadow wrote in a Nov. 27 filing.

“This is the ordinary course in free society,” the filing said. “(‘The response to the unreasoned is the rational; to the uninformed the enlightened: to the straight out lie the simple truth.’) The remedy is not a state RICO prosecution against the former President of the United States.”

Trump is facing 91 felony counts in four criminal cases in Washington, New York, Florida and Georgia and could potentially be looking at years in prison if convicted.

Trump is charged alongside others — including former New York Mayor Rudy Giuliani and former White House chief of staff Mark Meadows — with violating the state’s anti-racketeering law by scheming to illegally overturn his 2020 election loss.

The indictment, handed up in August, accuses Trump or his allies of suggesting Georgia’s Republican secretary of state, Brad Raffensperger, could find enough votes for him to win the battleground state; harassing an election worker who faced false claims of fraud; and attempting to persuade Georgia lawmakers to ignore the will of voters and appoint a new slate of electors favorable to Trump.

At the same time, special counsel Jack Smith is asking the U.S. Supreme Court (SCOTUS) to rule on questions over presidential immunity, questions that could be pivotal to Trump’s defense in Fulton County.

Smith’s request to bypass the question already before an appellate court would mean a SCOTUS decision on whether Trump can claim immunity would be final and binding.

Trump’s Georgia attorneys have already noted their intent to use a defense crafted around presidential immunity. His attorneys in Fulton County and Washington argue his alleged actions over the 2020 election results were part of his official duties at the time and therefore he has presidential immunity.

While the ruling could be advantageous for Trump if justices – three of whom were appointed by him – decide in his favor, it could be equally as detrimental if they rule in favor of Smith. It would take Trump’s ability to claim immunity off the table and subject him to various charges as a regular defendant.

A district judge has already ruled that Trump cannot claim presidential immunity, at least in regard to his case out of Washington, D.C. over his alleged involvement with the January 6, 2021, attack on the U.S. Capitol.

Atlanta News First and Atlanta News First+ provide you with the latest news, headlines and insights as Georgia continues its role at the forefront of the nation’s political scene. Download our Atlanta News First app for the latest political news and information.

The post Trump attorneys file motion to dismiss Georgia charges, cite 1st Amendment appeared first on Attorney Legal Counsel.