Pallone Joins Congressional Brief Challenging Trump’s Unlawful Appointment of Alina Habba as U.S. Attorney in New Jersey

WASHINGTON, D.C. - Congressman Frank Pallone, Jr. (NJ-06) today announced that he has joined a new amicus brief urging the U.S. Court of Appeals for the Third Circuit to reject the Trump Administration's unlawful attempt to keep Alina Habba in place as Acting U.S. Attorney for New Jersey.

The brief, filed alongside several of Pallone's House colleagues, argues that the Administration's maneuvering to reinstall Habba violates the Preserving United States Attorney Independence Act of 2007 -- legislation Pallone helped pass to ensure checks and balances in the appointment process. That law requires Senate confirmation of U.S. Attorneys within 120 days and once that threshold is met, allows federal judges to appoint an interim replacement. The Trump Administration ignored that law when it ousted the judges' appointee and reinstalled Habba, illegally extending her tenure far beyond what the law allows.

"Congress wrote this law to prevent exactly this kind of political manipulation," Pallone said. "This is just another example of the Trump Administration's flagrant disregard for the rule of law and democratic procedure so they can exert illegal power against the American people. President Trump and his cronies cannot ignore the Constitution or sidestep Congress and the law just to keep a loyalist in power. This is about protecting the integrity of our justice system and making sure the people of New Jersey have a U.S. Attorney who is appointed lawfully, not hand-picked to do the President's bidding."

Habba, a longtime Trump ally and former personal attorney to the President, has drawn widespread criticism during her tenure. Her illegal appointment has thrust the federal criminal justice system in New Jersey into turmoil with a triple homicide trial delayed and the postponement of sentencing for a CEO convicted of scheming to mislead investors. A federal district court judge concluded her appointment was unlawful, but the Trump Administration has appealed the ruling, placing the case before the Third Circuit.

In addition to Pallone, the brief is joined by Reps. Lloyd Doggett (D-TX), Stephen Lynch (D-MA), Bennie Thompson (D-MS), Nydia Velázquez (D-NY), and former Congressman Wayne Gilchrest (R-MD), who all supported the 2007 law.