They tried to say she has ascended to the position by virtue of being appointed First Assistant. Sorry, you have to have been First Assistant at the time of the vacancy in order to assume the position.
They tried to say she was installed as Acting US Attorney, even though she was nominated at the time. Sorry, but you can't rise to Acting US Attorney if you are nominated for the regular position that has become vacant, ironically because the nomination bar assures that the First Assistant assumes the position! (This is a screamer, since the first two loopholes they tried contradict each other!)
They tried to say that Bondi could simply delegate US Attorney powers to Habba. Wrong-o. The head of the DOJ can designate an Acting US Attorney, but not delegate power to them, and the designation fails according to loophole 2 above.
At least somebody wrote the Federal Vacancies Reform Act with these kinds of shenanigans in mind, and thank goodness, I guess, that there are still judges on the 3rd Circuit willing to apply black letter law.
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