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Bulwark Takes

Alina Habba's Appointment Ruled Unlawful (w/ Leah Litman)

Bulwark Takes

The Bulwark

Politics, News Commentary, News, Society & Culture

4.71.1K Ratings

🗓️ 2 December 2025

⏱️ 18 minutes

🧾️ Download transcript

Summary

Andrew Egger is joined by law professor and constitutional law expert Leah Litman to discuss why the court rejected Habba’s appointment, how it fits into Trump’s larger strategy to pack DOJ offices with loyalists, and what it could mean if the cases reach the Supreme Court.

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Transcript

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0:00.0

Hey, guys, it's Andrew Eger with the bulwark. Donald Trump has been trying a bunch of different

0:04.8

kind of novel, wacky techniques and procedures to get the personnel that he wants,

0:11.9

prosecuting the cases that he wants to see prosecuted at a bunch of different federal offices

0:16.9

around the country. He's been running into a lot of different trouble with these appointments, particularly

0:24.1

in the last few weeks.

0:25.9

Just a couple weeks ago, we saw Lindsay Halligan in the Eastern District of Virginia get

0:32.2

thrown out with a judge saying that her appointment to that post on an interim basis was

0:37.4

not lawful.

0:38.3

We now have new news just today up in New Jersey, where another one of Donald Trump's

0:43.6

pretty loyalist appointments, Alina Haba, who he tried to get installed there on an interim

0:49.9

basis and then keep around past the terms of her tenure.

0:54.8

An appeals court ruled just today in agreement with what a lower court had said before that

1:00.6

her appointment, her continuing appointment there is not lawful.

1:03.2

So bumping into a lot of trouble here.

1:05.3

Here to talk over all of this with me is University of Michigan law professor Leah Lippman.

1:12.3

Leah, thanks for coming on to talk about this today. Thanks for having me. I guess it would not really be accurate to describe this

1:16.6

as a surprise. We were we were sort of expecting that this is the way that this appellate court would

1:21.8

rule on the Alina Haba case. They seem like they have been kind of out over their skis on this one for a while.

1:29.0

But what struck you as interesting just off the top in what the appeals court had to say today?

1:34.9

Yeah. So one is just kind of a, why are we even here? And a second was the substance of the opinion.

1:40.5

So on the why are we even here, I think it's important to step back and just acknowledge,

1:44.6

you know, the reason why the president is trying all of these kind of squirly methods of

...

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