Trump Gets Skewered as Desperate Appeal Backfires in Court

Summary

Legal AF: "Trump Gets Skewered as Desperate Appeal Backfires in Court"

Date: October 21, 2025
Host/Analyst: Michael Popok (MeidasTouch Network)
Main Focus: An in-depth breakdown of a pivotal appeal in the Third Circuit Court regarding the legality of Alina Haba’s appointment as U.S. Attorney for New Jersey, the dysfunctional appointment process under Trump, and the wider legal and political fallout.

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Episode Overview

This episode, led primarily by Michael Popok, centers on a high-stakes legal showdown at the Third Circuit Court of Appeals challenging the appointment of Alina Haba as U.S. Attorney for New Jersey. The host provides a sharp, often irreverent dissection of the court proceedings, exposing the legal flaws in Haba's appointment and illuminating the chaotic maneuvering by the Trump administration. Popok details courtroom moments, judges’ pointed skepticism, and the potential cascading effects on federal prosecutions across New Jersey and beyond.

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Key Discussion Points & Insights

1. How This Legal Mess Began [01:53–03:35]

• Background: A New Jersey criminal defendant challenged Alina Haba’s authority after she signed indictments as “Acting U.S. Attorney,” arguing her appointment was improper. The Department of Justice initially dismissed the concern but it escalated to federal court.
• Appointment Process Issues:
  • Trump’s appointment circumvented the Vacancy Reform Act (Section 546) and skirted Senate confirmation.
  • Haba’s original 120-day interim appointment expired. Instead of following protocol, the administration fired the judges’ own appointee and continuously shuffled roles to keep Haba in charge.
• Summary:

  “Donald Trump... withdrew your nomination, then fired the person who the judges had appointed as the U.S. attorney. … All to do an end run around the appointment clause of the US Constitution.” — Michael Popok [05:30]

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2. Third Circuit Showdown: The ‘Hot Bench’ Eviscerates Haba’s Defense [07:22–09:38]

• Judicial Skepticism:
  • The three-judge panel (two Bush appointees, one Obama appointee) displayed overt doubt about the government’s arguments from the outset.
  • Judge Fisher questioned why Haba’s title was unclear on legal briefs:

    “When I picked up your moving brief… I was struck by the names on the brief. On the left, Alina Haba, acting U.S. attorney. And right underneath, special Attorney... what actual position are they serving?” — Judge Fisher [07:36]

  • Judges zeroed in on statutory requirements for experience, suggesting Congress intended only experienced people to serve as acting U.S. attorney.

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3. Credentials Under Fire & Legal Tap-Dancing in Court [08:49–09:38]

• Experience Requirement:
  • The bench, especially Judge Smith, highlighted the statute’s intent that an “experienced” person fill such a crucial role.

    “They wanted an experienced person to be that acting officer.” — Government Lawyer (as prompted by the court) [09:37]

• Legal Analyst Commentary:
  • Popok interjects with a wry take on the government’s struggles:

    “Whitaker is tap dancing his way through his 45 minutes… and he got his head handed to him in front of Haba during the rebuttal.” — Michael Popok [10:00]

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4. Separation of Powers and Judge Fisher’s Recitation of Chaos [11:50–16:13]

• The Core Legal Principle:
  • Judge Fisher makes clear that the case is not personal but about process and separation of powers.

    “This is about the statutes. This is about the separation of powers. This is about an important position within the firmament of our government. This is about process, which is what the system we operate under every day is all about.” — Judge Fisher [12:10]

• Event Timeline Recap:
  • Fisher meticulously recites the timeline of Haba’s appointment, withdrawal, and reappointment maneuvers, grilling the government lawyer on each step.
  • Key Question: Has such a convoluted sequence of events ever occurred before? The government is unable to cite precedent.

    “Can you come up with an example of any time that such a concatenation of events has occurred with respect to the appointment of a United States Attorney?” — Judge Fisher [16:13]

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5. Consequences if Haba’s Appointment Is Ruled Illegal [16:38–18:30]

• Widespread Implications:
  • If the court rules as expected, every action Haba took—indictments, court appearances, policy decisions—may be void.

    “Everything she touched, including all of these indictments… are invalid. That’s why there’s been such chaos in New Jersey.” — Michael Popok [16:38]

  • The dysfunction has rippled: delayed trials, confusion in New Jersey’s large U.S. Attorney’s Office, and potential legal challenges in other districts (e.g., Virginia, New York, Nevada).
• Pattern of Appointment Abuse:
  • This reflects Trump’s broader pattern—sidestepping confirmation to favor loyalist “partisan hack maga” lawyers, often blocked by state senators.

    “No, he’s got to pick these firebrand, you know, pugilistic, partisan hack maga. Maga. And even his own people in the Senate are like, yeah, no, we’re not.” — Michael Popok [17:28]

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6. Alina Haba’s Misleading Public Statements [18:30–19:45]

• Haba’s False Social Media Claims:
  • Exiting court, Haba posted that she had advocated on behalf of 26 U.S. attorney candidates (she did not argue in court) and claimed continued nomination (her nomination was pulled).

    “What’s the first lie?... she was advocating on behalf. She sat in a chair. She sat in a chair next to Mr. Whitaker. Okay. And the last time she advocated… she lost.” — Michael Popok [19:10]

  • Popok underscores that the judges likely know the true sequence and will view her “bluster” as a red flag.

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Notable Quotes & Memorable Moments

• On the Government’s Defense:

  “He [Whitaker] was sort of hanging on like it was a rodeo and he had to stay on the Bronco for eight seconds or at some cowboy bar.” — Michael Popok [08:14]

• On Judicial Pushback:

  “Are you suggesting anything more than just a recitation of the history here when you said, and nothing like that had happened until Alina Haba was nominated?” — Judge Fisher [11:57]

• On the Unprecedented Nature of Events:

  “Can you come up with an example of any time that such a concatenation of events has occurred with respect to the appointment of a United States Attorney?” — Judge Fisher [16:13]

• On Future Fallout:

  “There’s about six or eight different US Attorneys because Donald Trump refuses to go the normal route and just pick a normal person, even a Republican normal person to be the U.S. attorney.” — Michael Popok [17:15]

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Key Timestamps

| Timestamp | Segment/Topic | |------------|---------------------------------------------------------------------| | 01:53–03:35| Background: How the challenge came to be | | 07:22 | Judge Fisher questions Haba’s dual titles on legal filings | | 08:49 | Court questions requirements for experience in acting appointment | | 11:50 | Judge Fisher’s separation of powers lecture and timeline challenge | | 13:22–14:09| Step-by-step recap of appointments and procedural violations | | 16:13 | “Has this sequence ever happened?” Fisher challenges the government | | 16:38 | Analysis of implications if Haba is disqualified | | 18:30 | Popok reads/alleges Haba’s misleading social media post |

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Tone and Analysis

• Popok adopts a highly analytical yet biting, even mocking, tone. He blends serious legal dissection with sharp asides:

  “She can’t grow a brain in 120 days or ethics or morals or legal acumen or prowess...” [17:50]

• The podcast is both explanatory for lay listeners and packed with inside-baseball detail for legal aficionados.

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Conclusion & What’s Next

The hosts predict the Third Circuit will find Haba’s appointment invalid, voiding her actions—potentially upending prosecutions and throwing office leadership into further chaos, with expected appeals to the Supreme Court on the horizon. The episode highlights an ongoing saga of Trump’s unconventional appointments and the resultant legal turmoil, promising continued coverage and analysis as the story develops.

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For full transcripts or deeper document sourcing, head over to the Legal AF Substack for court filings, oral arguments, and daily analysis.

Transcript

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[Michael Popak]

This job as a Midas touch legal commentator on the Legal A F channel. It has its benefits. Like today like I get to report that Alina Haba is likely to lose at the third Circuit Court of Appeals about her appointment as the New Jersey Attorney General because the three judge panel, two Bushes and one Obama were not buying whatever her lawyer was selling. And the lawyer that was selling was not named Alina Haba. But she was in the room for the hottest of hot benches. I've got the Receipts. I've got the audio clips. You're going to hear about it here. So gather round. And then as she was leaving the courtroom, Alina Haba lied to the American people and suggested that she made the oral argument at the Third Circuit Court of Appeals. When she did not, it was a guy named Mr. Whitaker. The last time I heard Alina Haba argue anything was at the Second Circuit Court of Appeals about E. Jean Carroll's case with Donald Trump. And she got her, her head handed to her. Then wait, do you hear what Judge Smith did at the oral argument today? It's going to make you very happy. I'm here in the Midas Dutch network and Legal af. Let's dive into it. How do we get here? We got here because about two months ago, maybe a little bit longer, a just ordinary criminal defendant in New Jersey for a drug case decided, you know what? Why is Alina Hava, my prosecutor, why is she signing indictments as the Acting U.S. attorney for New Jersey when she wasn't properly appointed while Donald Trump completely violated the many, many aspects of the appointment process, including the Vacancy Reform act, which we call section 546, and a bunch of other things. Why is she even allowed to indict anybody? So they filed a motion to disqualify her, and the Department of Justice laughed and they intervened and they filed motions. And you know what? It got assigned to a judge in the Middle District of Pennsylvania. Because if the lawyer who filed the motion was right, Alina Haba's new replacement in New Jersey would be picked by all the judges of the District Court of New Jersey, all 23 of them who had already rejected Alina Haba when her first 120 days, by statute, ran out. See, Donald Trump first tried to nominate her to be the U.S. attorney for New Jersey when she got blocked by the two Democratic senators, Kim and Booker. He was stuck. So he appointed her, tried to appoint her initially as the interim or as the acting. They're like, that's fine, but under the statute, you get 120 days. Then when the 120 days ran out, he was stuck. Except they said, no, we're going to do an end run around the statute. And everybody was like, how are they going to do this? We all watched with, with, with glee as they scrambled. And so what they did is first they withdrew her nomination, which she seems to have forgotten about today because in her social media posting, she still acts like she's been nominated and she's just waiting for her call to the Senate. News flash, Alina your nomination was pulled by Donald Trump. That's how you got here. In fact, if the appellate court reads your social media post, your toast, because you just admitted that you think you're still nominated. So Donald Trump, in reality, on planet Earth, Elena, withdrew your nomination, then fired the person who the judges had appointed as the U.S. attorney. And I give her a lot of credit. She was a Republican, non Trumper stood up, took the job. She had it for about 12 hours. Then Donald Trump fired her, made Alina Haba the number two in the office, and then under the vacancy Reform act, tried to elevate her to number one. All to do an end run around the appointment clause of the US Constitution, and then to add insult to injury or basically to confess that they were violating the statute. Pam Bondi, for good measure, like belt, belt, suspender, suspender, decided to also make her a special attorney with the powers, but not all the powers of the U.S. attorney of New Jersey. Confused? You won't be. What? I'm done. So that happened. Department of justice didn't like it. Alina Harbor, Lena harbor is the completely unqualified, obscenely unqualified, unethical political hack that Donald Trump, you know, it's this off one of his office wives, likes to go with her to maga. Maga, you know, mmf fighting and all sorts of things as his escort, as his date. And then so they didn't like it, so they took an appeal. Now, the reason that motion got heard by the Middle District of Pennsylvania judge who ruled against Haba founding she was improperly appointed is because there was a conflict between all of the judges of New Jersey, which refused to extend her 120 days and rejected her and appointed that second person. And this motion. So that is up at the 3rd Circuit Court of Appeals, three judge panel. We've got Judge Felipe Restrepo, an Obama appointee, Judge Fisher and Judge Smith. It was really Fisher and sm, the two Bush appointees, who led the way. And you're gonna hear it. And it started from the opening bell. First judge up, Judge Fisher decided he was even gonna question why Alina Habba's name is even on the brief. Let's play that clip.

[Government Lawyer (Mr. Whitaker)]

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.

[Judge Fisher]

Counsel, could I begin with that is based upon my not having seen such a representation before. But when I picked up your moving brief, what we call the blue brief, in this case, I was struck by the names on the brief. On the left, Alina Haba, acting U.S. attorney. And right underneath, special Attorney. And of course, the usual question that a judge would ask is, which?

[Government Lawyer (Mr. Whitaker)]

What?

[Judge Fisher]

Who is this person? What actual position are they serving?

[Government Lawyer (Mr. Whitaker)]

Sure.

[Michael Popak]

I've been an advocate in front of appellate courts, not the third, but I've argued in front of the second and the ninth and the 11th. It's tough. I give Whitaker a little bit of credit. He was sort of hanging on like it was a rodeo and he had to stay on the Bronco for eight seconds or at some cowboy bar. But eventually the crappiness of your opinion or a crappiness of your argument is going to catch up with you. So that's how it started. Okay. And it got hotter from there. Next, while Alina ABA is in the courtroom, one of the judges, I believe Judge Smith then attacked her credentials, saying she was effectively inexperienced. Let's play the inexperienced clip.

[Government Lawyer (Mr. Whitaker)]

The first assistant is absolutely a political appointee, and I think that is an extremely odd result. But there's some language. There's language in 3345 that would reference experience for the person 90 days within the prior 365 days. So it's hard for me to see when you look, when I look at the total section itself, because.

[Judge Fisher]

It'S not.

[Government Lawyer (Mr. Whitaker)]

The best and most clearest statute that I've ever read. I'll grant you that. There's some confusion in it, but it does say to me that Congress had a very specific intent. They wanted an experience, experienced person to be that acting officer.

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[Government Lawyer (Mr. Whitaker)]

The Attorney General here BY Delegate V. Mr. Whitaker.

[Judge Fisher]

And I do hate to interrupt, but.

[Government Lawyer (Mr. Whitaker)]

You.

[Judge Fisher]

Are you suggesting anything more than just a recitation of the history here when you said, and nothing like that had happened until Alina Haba was nominated? Well, I guess one thing that I have been very much aware of and would have said before my own questioning began is that Ms. Haba, nothing about this involves, in my view, Ms. Haba, personally. This is about the statutes. This is about the separation of powers. This is about an important position within the firmament of our government. This is about process, which is what the system that we operate under every day is all about, whether it's due process or whether it's just process provided by procedural rules or substantive law. And so I just want to say that, and I'm sure my colleagues agree that this is not a personal thing. So I wanted to give you an opportunity to indicate whether that was your suggestion or not.

[Government Lawyer (Mr. Whitaker)]

No, you, Honor, I guess my suggestion is that the government, what the government has done here with Alina Haba is consistent with long standing practice. And in many of those instances, that practice went unchallenged.

[Judge Fisher]

All right, since you said that, I do have to ask you this. I've heard your argument about consistency and I Didn't think that you would say that.

[Government Lawyer (Mr. Whitaker)]

But.

[Judge Fisher]

Indulge me, please, with this recitation of my understanding of the recent history here and tell me where I'm wrong. And I may be at some point. We go back to March 24th and the President announces on Truth Social that Ms. Haba will be our interim U.S. attorney for the District of New Jersey, effective immediately. Now, he was wrong about effective immediately, I believe. Right.

[Government Lawyer (Mr. Whitaker)]

Well, I think the President was not speaking in lawyerly terms, but I think the President was in effect, dates are.

[Judge Fisher]

Something that we can refer to and not have to be a lawyer. But let's skip over that. I don't want to get into a side argument. And then Attorney General Bondi swears in Ms. Haba as the interim U.S. attorney. And then on June 30, there is, I believe, a nomination by the President of Ms. Haba to be the United States Attorney. 120 days lapse on July 1st. After that, one of the issues in one of the cases here is the signature of Ms. Haba on the pena indictment. Not of great concern to what's before right now, on July 22, 120 days elapsed after the truth social announcements I just referenced a minute ago. Next, the district Court appoints Desiree Grace, First Assistant is the U.S. attorney, effective July 22 or upon expiration of 120 days after the appointment of Ms. Haba, Grace, of course, is terminated from the DOJ. Attorney General Bondi announces on X that Grace has just been removed. The President withdraws the Hubba USA nomination. Ms. Haba resigns as the interim United States Attorney. And then Attorney General Bondi appoints Ms. Haba Special Attorney to the Attorney General with authorization to conduct all proceedings that USAs may conduct. And we've gone over the statute that seems to be within her province.

[Government Lawyer (Mr. Whitaker)]

Then.

[Judge Fisher]

Attorney General Bondi appoints Ms. Haba to First Assistant position vacated by Grace. And then Ms. Haba purports to automatically elevate the Acting U.S. attorney by virtue of being the First Assistant U.S. attorney because the USA role was vacant. Was there anything in my recitation of this series of events that was inaccurate?

[Government Lawyer (Mr. Whitaker)]

I don't believe so, you, Honor, but all right.

[Judge Fisher]

With that said, having said and told us numerous times how common practice has played into this. And I don't care about dates, I don't care about names. Can you come up with an example of any time that such a concatenation of events has occurred with respect to the appointment of a United States Attorney?

[Michael Popak]

So you be the judge how do you think that's going to turn out? Well, let me short circuit this for a minute. I am reasonably confident that the three judge panel of the third Circuit Court of Appeals is going to find that Alina Haba was in violation of a statute illegally appointed to be the U.S. attorney for New Jersey. If that's the case, everything she touched, including all of these indictments or anything else is, are invalid. We call it void ab appnatio. It just doesn't apply to this particular guy's case, the drug dealer. It applies to everybody else. That's why there's been such chaos in New Jersey. Trials have been delayed, sentencing's have been delayed because the federal judges who all opposed Alina Haba and did not appoint her for an extended period of time are like, yeah, we're not going forward with anything. Who's this representative in that office? If the office is being headed by somebody that's illegal, then we're not going to respect anybody that sits under that person. Now what the Washington Todd blanches of the world could have done is countersign, which they started to do in the beginning. Everything. So it's a Lindsay, sorry, they would say Alina Haba and then countersign somebody in Washington that is validly confirmed by the Senate. But they got tired of doing that and there's too many motions. There's thousands of defendants in the, in the U.S. attorney's office. There's also a civil division that handles civil cases, non criminal cases. A lot going on. I think it's the fifth largest, third or fourth large. I think it's number five, the fifth largest U.S. attorney's office in America. And it sits right, you know, next to New York and Manhattan. There's a lot of stuff that goes on in New Jersey. And so that's what I think they're going to rule now. That's it. After they rule, which, you know, give them a month, I think before Thanksgiving, Alina Haba is going to be disqualified and then there's going to be an appeal that's going to get taken up to the United States Supreme Court. And they're going to have to decide not just for Alina Haba, but Lindsey Halligan. There's a new motion filed today against Lindsey Halligan. We're talking about an illegal AF and Midas touch all day in the Eastern District of Virginia case that she was appointed through a different way but equally wrong. And so there's a new motion by Comey's lawyers. There'll be a new motion by Letitia James's lawyers all attacking the way these people, Halligan and Lina Haba and others have been appointed. We got one in New York, the Northern District of New York, John Sarcone. We got one in Vegas. There's about six or eight different US Attorneys because Donald Trump refuses to go the normal route and just pick a normal person, even a Republican normal person to be the U.S. attorney. No, he's got to pick these firebrand, you know, pugilistic, partisan hack maga. Maga. And even his own people in the Senate are like, yeah, no, we're not. They're not getting confirmed and they're getting blocked by the, by the senators of their state. The way it currently works and has for 200 years is that the senators of your state for which you are the U.S. attorney in one of the districts or the whole state, depending upon the size of the state, has to both return their blue slip, which is their consent to let this nominee go to a vote. Well, in New Jersey, where Alina Haba is trying to be the U.S. attorney, it's two Democrats. And of course, Alina Haba in 120 days could have just kept her head down, not been a complete, you know what, and gotten the job. But no, she, she demonstrated that she was Alina Haba. Right? She can't grow a brain in 120 days or ethics or morals or legal acumen or prowess. So the two Kim and Booker were like, no. And so she never got her nomination. Now let me put up on the board her social media post. Now that you've heard the story, and now you'll see how she lied to the American people as she was coming out of the courtroom. I'll read it to you and then I'll tell you where she's lied. I think you'll be able to figure out. You can put it in comments. I just left court advocating on behalf of 26 U.S. attorney candidates who have been denied the opportunity for a Senate hearing. See, it's 26. What's the first lie? What's the first Pinocchio for Elena Haba that she left court where she was advocating on behalf. She sat in a chair. She sat in a chair next to Mr. Whitaker. Okay. And the last time she advocated the second circuit, she lost for Donald Trump and Eugene Carroll about privilege. Okay, so that's first. Here's the second lie as she attacks the blue slip tradition. To date, I've not had so much as a single conversation. I don't know if anybody's told Alina Haba or she didn't figure out that she's not. Her nominations been pulled. I think if the judges see this, they're going to be like she doesn't even know how she got the job. You heard Judge Smith talk about her nomination getting pulled. To date, have not had so much as a single conversation with New Jersey senators despite repeated outreach. That's not how the process should work. Still, that will not stop the Department of Justice from continuing the meaningful progress we've made under this administration. Is she watching the same Department of Justice as I am and the wrecking ball that Donald Trump has taken to it. So I think that's bad for her as well. But we're gonna continue to follow it all. We do it here on the Midas Dutch Network and Legal AF. I mean, I do about 40 videos a week of analysis. Come over to Legal AF YouTube channel. I think you're gonna love it. It's 10 videos a day. I usually do the first four. At the intersection of law and politics. Look what we have to keep up with. And then to really keep up with it, I do Legal AF substack and Substack Live. And for seven bucks a month, you can become a member. People say, how can we help keep Legal AF on the air? We love your content, we love your interviews. We love the analysis of all your commentators. How do we do it, Popak? Seven bucks a month on Substack. On Substack for Legal af. That's how you do it. So until my next report, which should be any hour now, I'm Michael Popak. Can't get your fill of Legal af. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument. There's a including a daily roundup that I do called Wait for it Morning af. 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