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Trump hit with setback as court rules Alina Habba unlawfully served as top federal prosecutor in New Jersey

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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.

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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.

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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.

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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

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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 Senate Votes To Hike Turnpike Tolls for Out-of-State Vehicles

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NH Senate Votes To Hike Turnpike Tolls for Out-of-State Vehicles


By PAULA TRACY, InDepthNH.org

CONCORD – While Republican Gov. Kelly Ayotte has said she opposes increasing highway toll rates across the state, the Senate voted Thursday to increase rates for out-of-state license plate holders.

It now goes to the House for consideration.

This would be a $1 increase for those who have out of state plates going through the tolls at Hooksett, Hampton and Bedford for out-of-state plates, a 75 cent hike for those taking Hampton’s Exit 2 and on the Spaulding turnpike at Rochester, and a 50 cent hike for those taking the exit off I-93 to Hooksett.

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An analysis in the bill shows that this would increase toll revenue by $53.3 million in fiscal year 2027 and go up each year to generate $81.4 million a year in 2036.

Senate Bill 627 passed on a voice vote with two Republicans, Senators Regina Birdsell of Hampstead and William Gannon of Sandown opposing.

Senator Mark E. McConkey, R-Freedom, moved to take the bill off the table and offered an amendment.
He said the last time there was a systemwide increase to the turnpike toll was 19 years ago.

“I am sure we could all agree the cost of operations…has continued to escalate when revenue is not rising with it,” and he noted that with an enterprise fund, the state can only spend what it takes in.

The state has just completed a 10-year highway plan and there was a $400 million shortfall in projects that could not be paid for under the current income.

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McConkey said the measure would not increase tolls for New Hampshire drivers with a state license plate.

“Why don’t we ask our neighbors,” to pay a toll increase. “We are getting the best of all worlds,” by passing the bill, he said, including “protecting our residents” and having resources for improvements to the turnpike system.

Sen. Gannon, R-Sandown, asked McConkey if there are any studies on impacts near the border on businesses.

If implemented, McConkey said the state will be the 27th lowest in per mile cost still. McConkey said the bill would also increase from seven to 14 days the amount of time for those with NH license plates to pay for a toll adding there are other states that also have different rates for out-of-state users.

The Hampton toll cost would go from $2 to $3, while Hooksett and Bedford would rise from $1 to $2 for out-of-state plates.

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New Hampshire currently has the lowest rate per mile among states with tolls roads.
The governor said she does not support a toll increase.

“We are not going to put a burden on drivers for a toll increase,” Ayotte said. “Families are struggling.”



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New Jersey

How much are World Cup tickets? FIFA sells $2,000 tailgate tickets

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How much are World Cup tickets? FIFA sells ,000 tailgate tickets


Tickets for the 2026 FIFA World Cup are highly coveted. Admission to a game can cost thousands and most matches are already sold out.

Here’s what to know, and how much tickets are selling for.

How to get New Jersey New York FIFA World Cup 2026 tickets

Fans can buy the New Jersey New York Venue Series pass starting at $25,800 per person, for admission to all eight games in New Jersey New York Stadium Stadium.

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Alternatively, fans can buy premium admission that are available for upward of $1,000.

For instance, the admission to the France vs Senegal game on June 16 ranges from $2,300 to $3,400.

The closer to the final, the more expensive tickets are. Admission for the Round of 16 match on July 5, costs between $2,800 and $6,000.

Anyone interested in a luxury suite should be ready to pay roughly $200,000 for game at the New Jersey New York Stadium. The silver lining is that the price includes admission for to 24 people.

Premium tickets for the final match are sold out.

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How can I buy cheaper FIFA World Cup Tickets?

A Last-Minute Sales Phase for individual tickets opens on April 2 at 11 a.m. ET. Tickets might sell out within minutes, given the high global demand for them. Most of the tickets left are category 1 and 2, the most expensive seats.

Price varies depending on the match. As an example the USA vs Paraguay match has seats available for $1,940 and $2,735, according to The Athletic.

Forty out of the 104 matches are already sold out.

What are the tailgate tickets? What is the FIFA Pavilion?

FIFA is selling Pavilion tickets for roughly $2,000. The sporting organization describes the pavilions as “an exclusive retreat located in our secure perimeter immediately outside the stadium. Featuring beverage service and elevated street food-inspired dining available pre- and post-match.

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For the price, you get to tailgate a game three hours before the match and two hours after it finishes. It also includes a ticket to see the game inside the stadium.

Juan Carlos Castillo is a New Jersey-based trending reporter for the USA Today Network. Find him on Twitter at _JCCastillo.



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Pennsylvania

Pa. man found guilty of raping teen girl who he took to Mexico

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Pa. man found guilty of raping teen girl who he took to Mexico


A Pennsylvania man was found guilty of repeatedly raping his daughter’s best friend over a three-year span before fleeing with the teen to Mexico.

On Thursday, March 5, 2026, Kevin Esterly, 53, of Whitehall Township, Pennsylvania, was convicted on all counts of rape, statutory sexual assault, involuntary sexual intercourse and endangering the welfare of children.

Esterly shook his head as the verdict was read but said nothing in the courtroom.

Resources for victims of sexual assault are available through the National Sexual Violence Resources Center and the National Sexual Assault Telephone Hotline at 800-656-4673.

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Esterly’s trial began on Tuesday, March 3, after a judge denied his pretrial motion for the charges against him to be dismissed and for the Lehigh County District Attorney to be removed as a prosecutor in the case.

Both Esterly and his victim testified on Wednesday, March 4.

The victim — who is now 24-years-old — told the courtroom that she met Esterly and his family while attending church as a child and became best friends with one of his daughters. Esterly was a youth leader and elder at the church at the time. The victim said Esterly also coached her soccer team.

The victim said she became so close to Esterly’s family that she called his wife “mom” and eventually spent almost every weekend at their home in Lowhill Township, Pennsylvania. She also said she vacationed with them in New York state and Ocean City, Maryland.

The victim said Esterly first sexually assaulted her in August 2015 when she was 13-years-old after he gave her alcohol during a family birthday party.

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“I was scared. Frozen in fear,” the woman told the courtroom on Wednesday. “I pretended I was sleeping.”

The woman accused Esterly of sexually assaulting her almost every time she slept over at his home. She told the courtroom she eventually became addicted to alcohol and drugs, which Esterly gave her in exchange for sex. According to the woman, Esterly gave her cocaine and methamphetamine to keep her awake during school because she “would be up with him all night.”

The woman said Esterly continued to sexually assault her until he was confronted by his wife in 2017. Esterly’s wife then threw him out of the house, according to the victim. She said Esterly continued to sexually assault her over the next year.

Esterly was later arrested and then sentenced to prison after federal agents found him with the victim in Playa del Carmen, Mexico, in 2018. She was 16-years-old at the time.

The woman said she moved on and went to college after Esterly’s sentencing though she still struggled with drug addiction. She said she sought counseling in February 2025. She told the courtroom she received a message from Esterly on LinkedIn that same month in which he apologized for “failing you as a person I was supposed to be for you.” At that point Esterly had been released from prison.

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The woman said she had not told anyone about her relationship with Esterly up to that point and replied to him, “I live with our secret every day as I promised. I would appreciate an apology.”

The woman told the courtroom that Esterly responded by writing, “I hope one day you can forgive me. Nobody knows I reached out to you. That is the best for both of us.”

On Feb. 21, 2025, Allentown Police received a report of Esterly’s sexual assaults which led to the new charges being filed against him. He was arrested in West Virginia in June 2025 after two police pursuits. He was then extradited to Pennsylvania.

The victim told the courtroom on Wednesday that she kept quiet about Esterly’s abuse for years because she “was afraid to speak,” and felt “dirty and ashamed.”

“I wasn’t ready to tell anyone,” she said. “He was a father figure in my life. I loved him.”

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The woman also said she didn’t want to hurt Esterly’s daughter who was her best friend.

When the District Attorney asked her why she was “here today,” she replied by saying, “I want to tell the truth. I want to be set free.”

The woman ended her testimony by saying, “I don’t want to live with this secret anymore.”

After her testimony, Esterly took the stand for 45 minutes, denied all of the accusations against him and accused the woman of lying.

Closing arguments then took place Thursday morning. It then took an hour for the jury of seven women and five men to reach their verdict.

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