from serving as U.S. Attorney

Habba as Special Attorney to the Attorney General and First Assistant U.S. Attorney, potentially allowing her to serve as Acting U.S. Attorney for at least 210 days following the withdrawal of her nomination on July 24, 2025. Habba’s nomination prevented her from serving as U.S. Attorney because she was not the first assistant to the position for at least 90 days prior to the vacancy. In 2023, some Members of Congress argued that under the Vacancies Act, a person “may not serve as an acting officer” once her nomination is submitted, regardless of whether that nomination is later withdrawn. Under this reading of the statute, Habba would not be authorized to serve under the Vacancies หนังใหม่2025