Northeast
Trump hit with setback as court rules Alina Habba unlawfully served as top federal prosecutor in New Jersey
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An appellate court found on Monday that Alina Habba is unlawfully serving as the top prosecutor in New Jersey, delivering a blow to President Donald Trump as he fights to keep his preferred nominees in charge of U.S. attorneys’ offices in blue states.
A three-judge panel for the U.S. Court of Appeals for the 3rd Circuit said in a unanimous order that a lower court was correct to disqualify Habba, a fiery Trump loyalist who previously served as the president’s personal defense lawyer.
The Trump administration’s argument would “effectively [permit] anyone to fill the U.S. Attorney role indefinitely,” the panel wrote, adding that “this should raise a red flag.”
The administration could ask for a full panel of 3rd Circuit judges to reconsider the decision, or it could turn to the Supreme Court to weigh in. Fox News Digital reached out to the Department of Justice and a Habba spokesperson for comment.
TRUMP APPOINTS HABBA AS ‘ACTING’ US ATTORNEY AFTER JUDGES OUSTED HER
President Donald Trump sits in the courtroom with lawyers Christopher M. Kise and Alina Habba during his civil fraud trial at New York State Supreme Court on Oct. 17, 2023, in New York City. (Doug Mills-Pool/Getty Images)
The three-judge panel heard arguments on Habba’s appointment in October and grilled a DOJ lawyer over the unconventional way Trump and Attorney General Pam Bondi reinstalled Habba as U.S. attorney after her initial, temporary appointment expired.
Habba is one of several names who became jammed up in court proceedings over allegations that Trump sidestepped the Senate and improperly exploited loopholes in federal vacancy laws to keep his preferred prosecutors in place.
Habba’s case was the furthest along in the court process, but Lindsey Halligan and Bill Essayli, temporary U.S. attorneys in Virginia and California, respectively, are among those also facing high-stakes court challenges to their appointments. A federal judge found last week that Halligan was unlawfully serving in her role, but the administration has vowed to appeal the decision.
The panel that heard Habba’s case comprised two appointees of former President George W. Bush and an appointee of former President Barack Obama.
TRUMP’S US ATTORNEYS IN BLUE STATES FACE LEGAL CHALLENGES THAT COULD UPEND KEY PROSECUTIONS
Alina Habba speaks during a panel discussion at the Conservative Political Action Conference on Feb. 20, 2025, in Oxon Hill, Maryland. (Andrew Harnik/Getty Images)
The judges had voiced skepticism of DOJ lawyer Henry Whitaker’s claims that Bondi had authority to fill the vacancy for the U.S. attorney of New Jersey after Trump fired the court-appointed one. Whitaker said the administration simply took advantage of “overlapping mechanisms” afforded to it by Congress.
“In this case, the executive branch admittedly took a series of precise and precisely timed steps not to evade or circumvent those mechanisms but rather to be scrupulously careful to comply with them,” Whitaker said.
One of the judges said during the oral arguments that he viewed Habba’s case as unusual and possibly unconstitutional.
“Would you concede that the sequence of events here, and for me, they’re unusual, would you concede that there are serious constitutional implications to your theory here, the government’s theory, which really is a complete circumvention, it seems, of the appointments clause?” the judge asked.
Veteran D.C. lawyer Abbe Lowell, known for his involvement in lawsuits challenging the Trump administration, represented the defendants contesting Habba’s appointment.
Two sets of defendants facing run-of-the-mill charges brought the challenge to Habba, saying she should not be allowed to prosecute them because she was an invalid U.S. attorney.
TRUMP NOMINEES SQUEEZED BETWEEN ‘BLUE SLIPS’ AND BLUE OBSTRUCTION
U.S. Attorney General Pam Bondi speaks as President Donald Trump looks on during a press conference in the Oval Office of the White House on Oct. 15, 2025, in Washington, D.C. (Kevin Dietsch/Getty Images)
Habba had no path to Senate confirmation, in part because New Jersey’s Democratic senators, Cory Booker and Andy Kim, did not approve of her through the Senate’s blue slip tradition.
That precedent has drawn Trump’s ire as Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, stands firmly behind blue slips, which require home state senators to approve of U.S. attorney and district judge nominees.
Trump recently conveyed, through his firing of former U.S. Attorney Erik Siebert, that earning Democratic senators’ approval could be disqualifying in his view, setting up a stalemate with the upper chamber over his nominees in blue states.
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New Hampshire
NH National Guard activated in connection with Iran war
The federal government has activated the New Hampshire National Guard’s 157th Air Refueling Wing in connection with the war with Iran.
“I’ve had a briefing myself, a classified briefing, but it’s really important on the messaging on this that we really coordinate with the Pentagon,” Gov. Kelly Ayotte told reporters during a press briefing following Wednesday’s Executive Council meeting.
Ayotte said she was unable to share additional details about the nature of the New Hampshire National Guard’s activity related to the conflict, including how many guard members have been activated or what role they are playing.
“We’re going to respect what messaging comes out of the Pentagon just to make sure that our men and women in uniform are fully protected and that we aren’t providing any information that could be used in a way that would be harmful to them,” Ayotte said.
In a statement Thursday, Ayotte said the unit had been deployed in late February to the U.S. Central Command area of responsibility in support of the operation.
Earlier this week, Pentagon officials confirmed that members of the Vermont National Guard were involved in attacks against Iran over the weekend, though our news partners at Vermont Public were not able to confirm additional details on the nature of the operation.
During the briefing with local reporters, Ayotte also stressed her support for servicemembers and those close to them.
“I have such respect for our men and women in uniform,” Ayotte said. “As you know, I come from a military family, and they have our full support, and we appreciate them and their families, and obviously anyone who is serving right now, and my thoughts and prayers go out to those who have lost someone that they love.”
New Jersey
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Pennsylvania
Pennsylvania man arrested for allegedly feeding pet parakeet marijuana and beer
A Pennsylvania man was arrested on animal cruelty charges for allegedly feeding marijuana and beer to his pet parakeet after bringing the injured feathered friend to a bar, according to reports.
Timothy Grace, 40, was busted on Feb. 21 after carrying his wounded pet budgie named “Blue Skies” in his pocket to Callaghan’s Bar in Greensburg, according to CBS Pittsburgh.
“The caller’s a bartender. She says there is a white male at the bar with a parakeet,” a dispatcher reported on the police radio transmissions obtained by the outlet.
“The patron was bragging to other people that were inside the bar that he feeds the parakeet marijuana and has it drink beer on a daily basis,” Detective Sergeant Justin Scalzo told the outlet.
Grace “appeared extremely intoxicated” when police showed up to the bar and found the pet bird in distress, according to court documents obtained by the outlet.
“Its leg appeared to be broken,” Scalzo said, according to WTAE. “Its foot was actually facing the wrong direction.”
Grave was initially arrested for public intoxication and now faces charges including aggravated cruelty to animals and transporting animals in a cruel manner, the outlet said.
The pet bird was brought to PEARL Parrot Rescue in the Pittsburgh area, which rushed him to an emergency care facility.
Blue Skies spent four days in the hospital and was later taken in to be fostered by Teri Grendzinski, the president of PEARL. The injured parakeet is still breathing hard, remains on antibiotics, and has to wear a splint on his right leg, CBS reported.
“They realized his leg was broken. He also had some respiratory issues going on,” Grendzinski told the outlet. “He was also very, very skinny.”
“The leg was broken badly enough there is a chance they’re going to have to amputate the leg if it doesn’t heal correctly,” she added.
If Blue Skies is eventually put up for adoption, he will require specialized care, the outlet said.
“When we got that call, it was horrifying. Why would you do that to a bird?” Grendzinski said.
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