Legal AF by MeidasTouch

Episode: Trump Appeal Shredded by Judges as Habba Gets Tossed

Date: December 1, 2025
Hosts: Michael Popok (main analyst on this episode, with references to contributions by Ben Meiselas and Karen Friedman Agnifilo)

Overview

This episode centers on the extraordinary legal drama unfolding in New Jersey: the Third Circuit Court of Appeals' unanimous decision to disqualify Alina Habba as U.S. Attorney for the District of New Jersey. Michael Popok breaks down the judicial opinion, the political and statutory context, the implications for Donald Trump’s efforts to place loyalists in key law enforcement roles, and parallels with similar cases. The episode offers in-depth legal analysis on appointments to U.S. Attorney positions, separation of powers, and the path forward as the case heads toward the Supreme Court.

Key Discussion Points & Insights

1. Alina Habba Disqualified as U.S. Attorney by Third Circuit

• [03:00] Popok breaks the breaking news:

  "Alina Habba has been effectively fired or disqualified by the Third Circuit Court of Appeals in a unanimous decision by a three judge panel. She's now been bounced as the U.S. attorney for New Jersey and now it's going to end up at the doorstep of the Supreme Court of the United States."

• Disqualification based on the Federal Vacancy Reform Act and violation of the Appointments Clause.

• Similar disqualification occurred days earlier to Lindsey Halligan, Trump's appointee in Virginia, for related statutory violations.

• Key points from the oral arguments:

  • The three-judge panel (two Republican appointees, one Democrat) signaled skepticism toward the appointment's legality.
  • Judges involved:
    • Judge Restrepo (Biden appointee)
    • Judge Brooks Smith (Reagan appointee)
    • Judge Michael Fisher (Bush appointee, wrote the opinion)

2. Timeline and Political Context

• [05:10] Habba's controversial tenure:

  • Aggressively pursued political rivals of Trump in NJ, including the Attorney General and Governor.
  • Engaged in “politically motivated arrests,” such as detaining Lamonica MacGyver (congresswoman) and Newark’s mayor, only to dismiss charges later.

• Statutory succession for U.S. Attorney's office:

  • Upon vacancy, the first assistant is meant to take over.
  • Trump administration maneuvered extensively (firing, appointing, nominating) to install loyalists outside ordinary protocol.
  • Popok notes:

    "Alina Habba was not the first assistant U.S. attorney at the time the vacancy was created. ... They later tried to make Alina Habba the first assistant, but she wasn't at the time of the vacancy. And that violates the statute..." [06:40]

3. Legal Reasoning and Notable Quotes from the Opinion

• [13:30] Popok shares direct excerpts from the court opinion:

  • On the solemnity of the office:

    "The United States Attorney's offices are some of the most critical agencies in the federal government. They play an important role in the criminal and civil justice systems and vital in keeping our community safe." (Judge Fisher, p.5)

  • On appointment requirements:

    "It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place. Its efforts to elevate its preferred candidate...demonstrate the difficulties it has faced. Yet the citizens of New Jersey and the local employees in the U.S. attorney's office deserve some clarity and stability." (Judge Fisher, p.5)

  • The culminating legal holding:

    "Haba 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 Federal Vacancy Reform Act. ... The nomination bar...prevents her from assuming the role..." (Judge Fisher, p.32)

  • On “special attorney” workaround:

    "You can't do by special attorney delegation what you can't do by statute. ... If all you had to do was to nominate somebody or put them in as a special attorney with all of the same superpowers...that violates the exclusivity provision..." [17:00]

4. Comparison to Lindsey Halligan Case

• Popok explains the differences between the Habba case (Vacancy Reform Act) and Halligan case (statutory limits on multiple interim appointments):

  "The argument for Lindsey halligan as interim US attorney is that she was appointed under section 546, but she was the second interim attorney appointed. ... That statute only allows one...Then it goes in a split of separation of powers to the district court judges..." [12:30]

• Both result in disqualification, both highlight Trump’s attempts to circumvent statutory process, but each relies on different legal grounds.

5. Implications, Next Steps, and SCOTUS Prognosis

• [21:10] On what happens now:

  • Trump and allies likely to lash out at the decision.
  • Expect appeal to Supreme Court; first stop is Justice Alito (from New Jersey).
  • Questions around the validity of Habba’s actions while disqualified.

    "There's an argument that now, having been disqualified...judges [might rule] that everything she touched is void."

  • Some cases may be saved by other officials co-signing documents in anticipation of legal trouble.

• On Supreme Court procedures:

  "First stop on the train is Sam Alito. ... He can block this on his own administratively. ... And we're going to find out right away if there's five votes to allow Donald Trump to do an end run around the Vacancy Reform Act." [22:10]

Memorable Quotes & Moments

• Popok on the Trump administration’s strategy:

  "Look at the amount of damage one person could do as the President of the United States in such a short amount of time when he's got sycophants and enablers surrounding him." [08:27]

• On statutory requirements for the position:

  "It has to be somebody that's been in the job for over a year and has to have been in that first assistant chair for at least 90 days. So a year in the office and 90 days in that position before they can get elevated. Alina Haba met none of that criteria." [09:35]

• On consequences to ongoing cases:

  "Those defendants are gonna be making an argument now before judges that she's out, everything she touched is void." [21:50]

Noteworthy Section Timestamps

• [03:01] – Breaking news on Habba’s disqualification; context and run-up to Third Circuit decision.
• [05:10] – Timeline of Habba’s controversial New Jersey actions.
• [06:40] – Breakdown of legal criteria for acting U.S. Attorney.
• [09:35] – Explanation of statutory prerequisites and how Habba didn’t qualify.
• [13:30] – Direct reading from judicial opinion; discussion of legal reasoning.
• [17:00] – Analysis of “special attorney” workaround rejection.
• [21:10] – What happens next: appeal, remedies, Supreme Court path.
• [22:10] – How SCOTUS, specifically Justice Alito, will handle the appeal.
• [21:50] – Impact on legal cases signed by Habba.

Tone and Style

Direct, authoritative, with a mix of legal expertise and political commentary. Popok’s narration is candid, actively demystifying technical legal points for a lay audience while injecting pointed criticism at Trump-era “sycophants” and alleged abuses of power. The analysis is tough but accessible, sticking to the sharp, no-nonsense vibe of the Legal AF brand.

Summary Takeaway

The episode delivers a comprehensive breakdown of Alina Habba’s disqualification as U.S. Attorney in New Jersey, contextualizing it within broader Trump administration efforts to install loyalists in powerful legal positions. Michael Popok provides both a technical explanation of the legal framework and sharp commentary on the political context, forecasting a contentious Supreme Court battle in the coming weeks.