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Disqualification of New Jersey's top federal prosecutor could upend dozens of cases

A MARTÍNEZ, HOST:

A federal appeals court has disqualified President Trump's appointee for U.S. attorney in New Jersey, Alina Habba. The unanimous Monday ruling is from a court based in Philadelphia and has the potential to upend dozens of cases in New Jersey. Kenneth Burns with member station WHYY reports on how we got here.

KENNETH BURNS, BYLINE: Habba was a member of the president's personal legal team when she joined the administration as White House counselor. Here she is addressing reporters at the White House about being picked for the New Jersey role last March.

(SOUNDBITE OF ARCHIVED RECORDING)

ALINA HABBA: I look forward to working with Pam Bondi and with the Department of Justice in making sure that we further the president's agenda of putting America first.

BURNS: Habba has limited court experience. Many say she brought politics to a role that is traditionally seen as nonpartisan. Habba was criticized for bringing charges against a Democratic congresswoman who challenged Trump's immigration enforcement policy at a detention center. Federal judges in New Jersey chose a different route as Habba's 120-day term was about to end. They chose to appoint a career prosecutor over extending Habba's time. Habba blasted that decision when she spoke on "Hannity" on Fox News Channel last August.

(SOUNDBITE OF ARCHIVED RECORDING)

HABBA: I am the pick of the president. I am the pick of Pam Bondi, our attorney general. And I will serve this country, like I have for the last several years, in any capacity.

BURNS: Bondi eventually renamed Habba as acting U.S. attorney. A three-judge panel ruled yesterday to uphold a lower court decision that disqualified Habba. As part of their decision, they said, quote, "the citizens of New Jersey and the loyal employees in the U.S. attorney's office deserve some clarity and stability." That line grabbed the attention of Jake Elberg, a professor at Seton Hall Law School.

JAKE ELBERG: There are a lot of hardworking, nonpartisan career people there.

BURNS: Habba's disqualification raises lots of questions. Her name appears on dozens of cases, which could potentially be challenged.

ELBERG: I'd expect that there are lots of defense attorneys, lots of defendants who are sitting there today saying, well, what does this mean for my client? Am I going to be filing something and try to have work of the administration undone?

BURNS: It is not clear whether the Trump administration will appeal her disqualification to the Supreme Court.

For NPR News, I'm Kenneth Burns. Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Kenny Burns