A three-judge panel for the US Court of Appeals for the 3rd Circuit said in a unanimous order that a lower court correctly disqualified Habba, who previously served as Trump's personal defense lawyer. In that ruling, US District Judge Matthew Brann (Obama) said that Habba had been serving without lawful authority since the beginning of July, when she was tapped to temporarily lead the US Attorney's Office in New Jersey. Brann also disqualified her from participating in ongoing cases.
"Under the Government's delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely," Judge Michael Fisher wrote for the court. "This view is so broad that it bypasses the constitutional [presidential appointment and Senate confirmation] process entirely. It also essentially eliminates the requirements of the FVRA and the U.S. Attorney-specific statute."