Attorney General Pam Bondi on Wednesday asked the full 3rd Circuit Court of Appeals to reconsider a ruling that disqualified Alina Habba as New Jersey's top federal prosecutor.
A three-judge panel in December ruled that Habba was serving unlawfully because she remained in the position beyond the period allowed without Senate confirmation.
The ruling prompted Habba to step down from the post. She posted on social media at the time, saying, "While I was focused on delivering real results, judges in my state took advantage of a flawed blue slip tradition and became weapons for the politicized left."
She continued: "For months, these judges stopped conducting trials and entering sentences, leaving violent criminals on the streets. They joined New Jersey senators, who care more about fighting President Trump than the well being of residents which they serve."
Politico reported that in a declaration filed with the Department of Justice's request for rehearing, Habba said she resigned to avoid legal disputes over her authority disrupting the office's work.
Defense attorneys had challenged Habba's authority in a number of cases, arguing her continued service violated federal law.
Habba wrote that if the 3rd Circuit or the Supreme Court reverses the ruling, she intends to return to the position.
Habba remains employed at the Department of Justice as a senior adviser to Bondi.
President Donald Trump and Bondi have sought to keep several federal prosecutors in office without Senate confirmation, a practice that has faced repeated setbacks in court.
Judges have disqualified prosecutors in Nevada, the Los Angeles area, Virginia, and most recently upstate New York, where a court also voided subpoenas issued to New York Attorney General Letitia James.
DOJ has said it plans to continue pressing appointment authority on behalf of the president.
Legal observers note that without Habba's stated intent to return, the New Jersey case could have become moot and delayed further judicial review.
Bondi argued in the rehearing request that the panel's ruling created uncertainty about how senior DOJ vacancies may be filled.
One 3rd Circuit judge not on the original panel is Judge Emil Bove, a former Trump personal attorney who later joined DOJ while Habba led the New Jersey office.
Since joining the appellate bench in September, Bove has taken several actions that some legal analysts have described as unusual.
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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