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Legal Af
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Trump HIT with DEVASTATING BLOW as PROSECUTOR is TOSSED

Posted

December 6, 2025

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Brian Kabateck and Shant Karnikian discuss the Third Circuit Court of Appeals' unanimous 3-0 ruling disqualifying Alina Habba from serving as US Attorney for New Jersey. The court found Trump's attempts to circumvent the Federal Vacancies Reform Act violated federal law—after Habba's 120-day interim appointment expired, Attorney General Pam Bondi withdrew her nomination, appointed her "Special Attorney" with delegated US Attorney powers, then made her First Assistant to automatically elevate her to acting US Attorney. The three-judge panel (two Bush appointees, one Obama appointee) ruled this scheme frustrated the Senate confirmation process and would allow anyone to fill the position indefinitely. Brian argues courts are ending their initial leeway toward Trump's appointments, and the ruling threatens at least four other unconfirmed US attorneys including Lindsey Halligan (Eastern District Virginia—Comey/James prosecutions), Bill Essayli (Central District California), and prosecutors in Nevada and Northern New York. The hosts predict this could impact Trump's broader pattern of bypassing Senate confirmation for appointments. Brian highlights Habba's track record as Trump's attorney: sanctioned nearly $1 million for the frivolous Hillary Clinton conspiracy lawsuit, $84 million E. Jean Carroll defamation verdict, and dismissed $100 million New York Times lawsuit that violated the Constitution.

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Guests & Subjects Covered

Brian KabateckShant KarnikianThird Circuit CourtAlina HabbaUS AttorneyNew Jersey TheFederal Vacancies Reform ActAttorney General Pam Bondi

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