In the first appellate court decision on Donald Trump’s persistent effort to put Insurance Lawyers, Election Deniers, and other sundry actors play-acting as US Attorneys, the Third Circuit has unanimously ruled that Alina Habba really is nothing more than a Parking Garage lawyer.
Habba is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant U.S. Attorney because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the FVRA. Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney. Finally, the Attorney General’s delegation of all the powers of a U.S. Attorney to Habba is prohibited by the FVRA’s exclusivity provision. Therefore, we will affirm the District Court’s disqualification order.
This ruling, if applied elsewhere, would cause problems for Lindsey the Insurance Lawyer, Sigal the Election Denying Laywer, and Bill the Claremont Nut, as well — including Essayli, whom a judge ruled could act as First AUSA.
Abbe Lowell, who represents Letitia James in EDVA, argued this case before the court.
The Third Circuit ruling comes even as the Eleventh Circuit ruled that Alina the Parking Garage lawyer is not only just a Parking Garage lawyer, but a frivolous one at that, sustaining the $1 million in fees on her and her liege Donald Trump.