Story perspectives

Former Attorneys Challenge Habba's Appointment, Cite Constitutional Concerns

10/11/2025

Summary

Story summary

A group of 10 former U.S. attorneys, including Donald Ayer and Barbara McQuade, support claims Habba was improperly appointed acting U.S. attorney for New Jersey.
They say Habba's disqualification is justified because U.S. attorneys must be experienced and competent.
They contend that allowing the president to bypass Senate confirmation undermines constitutional safeguards.
Habba was designated a “Special Attorney” to maintain her role amid legal challenges, a move opposed by the DOJ.

History

Historical Context

The U.S. Attorneys Act of 1968 established standards for appointing U.S. attorneys, requiring Senate confirmation to ensure qualified candidates. This law arose from historical concerns about presidential authority, dating back to the Judiciary Act of 1789, which created the office. The current controversy over Alina Habba's appointment highlights ongoing tensions regarding executive power and the constitutional balance, potentially impacting future appointments.

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Story summary

A group of 10 former U.S. attorneys, including Donald Ayer and Barbara McQuade, support claims Habba was improperly appointed acting U.S. attorney for New Jersey.
They say Habba's disqualification is justified because U.S. attorneys must be experienced and competent.
They contend that allowing the president to bypass Senate confirmation undermines constitutional safeguards.
Habba was designated a “Special Attorney” to maintain her role amid legal challenges, a move opposed by the DOJ.

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