A federal appeals court ruled Monday that Alina Habba, a former lawyer for President Donald Trump, cannot serve as New Jersey’s top federal prosecutor.
The Trump administration had tried to keep Habba in place as acting U.S. attorney for New Jersey, but a panel of judges on the 3rd U.S. Circuit Court of Appeals in Philadelphia found those efforts violated federal law.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Circuit Judge D. Michael Fisher, a George W. Bush appointee, wrote in the opinion.
“Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced—yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”
Why It Matters
Habba’s nomination and her subsequent service as “acting” U.S. attorney in New Jersey have been dogged by controversy — from criticism of cases she handled to broader questions about who should hold such powerful posts. Her close personal and professional ties to Trump, including her role as his legal spokesperson between his White House tenures, have intensified debates over independence, impartiality, and the proper limits on presidential influence over top federal law enforcement positions.
What To Know
In a 32-page opinion issued Monday, the 3rd Circuit upheld a lower court’s finding that the Trump administration broke the law when it installed Habba as acting U.S. attorney earlier this year without securing confirmation from the U.S. Senate.
Two criminal defendants had challenged her authority to prosecute their cases. While the lower court allowed the indictments themselves to stand, it closely reviewed whether Habba could legally participate and ultimately barred her from doing so.
The administration argued that Habba was properly serving as Acting U.S. Attorney under the Federal Vacancies Reform Act (FVRA) because she had previously been appointed First Assistant U.S. Attorney — a role that can automatically step up when a Senate-confirmed U.S. attorney leaves office.
The appeals court rejected that defense, agreeing with the lower court that the FVRA only applies when the first assistant is actually in that position at the time the vacancy occurs. Because Habba was not serving in New Jersey as First Assistant when the vacancy arose, the panel concluded she could not lawfully become Acting U.S. Attorney under the statute.
The three-judge panel included two appointees of Republican President George W. Bush — D. Brooks Smith and D. Michael Fisher — and one appointed by Democratic President Barack Obama, Luis Felipe Restrepo.
Habba is not the only Trump administration–backed prosecutor whose appointment is under fire.
Last week, a federal judge dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James after determining that the prosecutor who brought the cases, Lindsey Halligan, was improperly installed as interim U.S. attorney for the Eastern District of Virginia. The Justice Department has said it plans to appeal.
A comparable dispute is unfolding in Nevada, where a federal judge has disqualified the Trump administration’s choice for U.S. attorney there.
What People Are Saying
In their ruling Monday, the 3rd Circuit judges wrote:
“Habba 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 FVRA.
“Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney. Finally, the Attorney General’s delegation of all the powers of a U.S. Attorney to Habba is prohibited by the FVRA’s exclusivity provision. Therefore, we will affirm the District Court’s disqualification order.”
Attorneys Abbe David Lowell, Gerry Krovatin, and Norm Eisen said in a statement shared with Newsweek:
“The court’s decision affirms that U.S. Attorney Alina Habba is unlawfully and invalidly serving as the chief federal law enforcement officer in New Jersey, marking the first time an appeals court has ruled that President Trump cannot usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions. We will continue to challenge President Trump’s unlawful appointments of purported U.S. Attorneys wherever appropriate.”
What Happens Next
Cases that Habba has handled — especially those directly implicated by this ruling — are now under a cloud. Defense teams are expected to argue that prosecutions she led should be dismissed or revisited in light of the court’s finding that she was not lawfully serving as acting U.S. attorney.
