A federal appeals court has ruled that Alina Habba, previously an attorney for former President Donald Trump and later positioned by the administration to continue serving as New Jersey’s acting U.S. attorney, is legally disqualified from holding the post. The decision, issued Monday by a three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia, upholds a lower court’s conclusion that Habba’s appointment did not comply with federal law governing interim federal prosecutors.
In its 32-page opinion, the appellate panel wrote that the administration’s efforts to secure Habba’s continued leadership of the U.S. Attorney’s Office for the District of New Jersey illustrated ongoing tensions involving appointments requiring Senate confirmation. The court emphasized the importance of lawful processes, noting that residents of the state and staff within the federal office deserve clarity and stability in the leadership responsible for enforcing criminal and civil law. The opinion affirmed the district court’s earlier finding that Habba could not legally serve in the role, bringing additional scrutiny to the administration’s attempts to extend her tenure after the expiration of her interim appointment.
The ruling arrives at a moment when the Trump administration has faced increasing legal challenges over the legitimacy of several interim federal prosecutor appointments across the country. During oral arguments held on October 20, the judges questioned why the administration continued to keep Habba in the position without Senate approval, particularly after her 120-day interim term ended. Habba said afterward, in a statement posted to social media, that she hoped her challenge would support other federal prosecutor nominees still awaiting Senate consideration.
Attempts to reach representatives of the U.S. attorney’s office in New Jersey, Habba’s staff, and the Department of Justice were unsuccessful Monday. The Justice Department has recently grappled with similar disputes. Just last week, a federal judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, determining that the prosecutor who had brought those charges was improperly appointed as the interim U.S. attorney for the Eastern District of Virginia. The department has announced plans to appeal those rulings.
The appeals panel included two judges appointed by former President George W. Bush and one appointed by former President Barack Obama. Their opinion referenced an earlier decision from August, when a district court held that Habba was installed through a series of unusual legal and personnel steps that did not satisfy statutory requirements. Although that ruling raised the possibility that many of Habba’s actions since July could be invalidated, it was paused pending the outcome of the appeal.
The government argued that Habba was entitled to serve as acting U.S. attorney under a federal statute allowing the first assistant to assume leadership, a role she held by appointment of the Trump administration. However, multiple defendants facing federal charges in New Jersey contested the legality of her authority, arguing that she lacked the power to prosecute cases after her interim term expired. These challenges came as political tensions intensified, especially after it became evident that New Jersey’s two Democratic senators would not support her nomination for a permanent appointment.
Habba previously represented Trump in criminal and civil matters before his return to office and briefly served as a White House adviser before her appointment as a federal prosecutor in March. Shortly after assuming the role, she publicly expressed political ambitions for New Jersey, comments that drew criticism given the traditionally nonpartisan expectations placed on federal prosecutors. Her tenure included filing charges in several politically sensitive cases, including against Newark Mayor Ras Baraka, which were later dropped, and Rep. LaMonica McIver, who pleaded not guilty to an assault charge that remains pending.
As Habba’s interim term neared its end earlier in the year, federal judges in New Jersey acted under statutory authority to install a career prosecutor as her successor. The administration responded by dismissing that prosecutor and reinstating Habba, prompting deeper questions about the limits of presidential authority over federal appointments. The appeals court concluded that federal law clearly outlines the duration and conditions under which interim U.S. attorneys may serve, and that those statutory boundaries must be upheld in the interest of lawful governance.
The ruling is expected to influence similar ongoing disputes in other states, including Nevada, where the legality of another interim appointment has been challenged. For New Jersey, the decision brings new uncertainty to several pending federal cases while reinforcing the role of judicial oversight in the appointment of key law-enforcement officials.
