Judge says former Trump lawyer Alina Habba has been unlawfully serving as US attorney in New Jersey

In a significant legal decision this week, a federal appeals court ruled against the appointment of Alina Habba, former personal attorney of ex-President Donald Trump, as the U.S. Attorney for New Jersey. This decision by the 3rd U.S. Circuit Court of Appeals upholds a prior district court ruling, which determined that Habba’s appointment breached the Federal Vacancies Reform Act.

The controversy began when Trump nominated Habba for the U.S. Attorney role, a position requiring Senate confirmation which she did not receive. In a controversial series of moves, the administration sought to bypass this requirement. After district court judges refused to appoint her, the administration withdrew her nomination and appointed her to a role enabling her to serve in the position unofficially. This maneuver, described by a U.S. district judge as a “novel series of legal and personnel moves,” has now been deemed improper by the appeals court.

The court’s opinion highlighted several key points regarding Habba’s ineligibility. It stated that she could not be considered the Acting U.S. Attorney for New Jersey simply due to her appointment as First Assistant U.S. Attorney. According to the Federal Vacancies Reform Act (FVRA), only the first assistant in place at the moment a vacancy occurs can assume the duties of the office automatically.

Moreover, the court emphasized that Habba’s prior nomination for the U.S. Attorney position barred her from serving as Acting U.S. Attorney under the FVRA’s rules. The opinion further noted that the Attorney General’s attempt to delegate all the powers of a U.S. Attorney to Habba was in violation of the FVRA’s exclusivity provision.

This ruling underscores the importance of adhering to established legal processes and the checks and balances intended to prevent executive overreach in federal appointments. As the legal proceedings unfold, this case will likely continue to spark discussions on the boundaries of presidential power and the intricacies of federal appointment laws.

“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,” the opinion said.

New Jersey’s two senators, both Democrats, lauded the decision, saying it “vindicates concerns we have long raised about the extraordinary and unlawful steps taken by the Trump Administration to keep Habba in office without Senate confirmation.” 

“The Court’s ruling underscores a simple but fundamental principle: U.S. Attorneys must be independent and installed consistent with the rule of law, not because of their political loyalty or through political maneuvering,” said the joint statement from Sens. Andy Kim and Cory Booker. “The Trump Administration’s attempt to bypass clear legal requirements to install a loyalist undermined the legitimacy of the U.S. Attorney’s Office in New Jersey and cast a shadow over the cases she oversaw.”

Monday’s ruling marks the first time a federal appeals court has ruled against the Trump administration’s attempt to keep interim U.S. attorneys in their posts after their temporary appointments lapse, potentially resulting in nationwide implications for federal prosecutors installed in the same way as Habba. 

“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,” attorneys Abbe Lowell, Gerry Krovatin and Norm Eisen, who argued for Habba’s dismissal, said in a joint statement.  “We will continue to challenge President Trump’s unlawful appointments of purported U.S. Attorneys wherever appropriate.”

After Habba’s interim appointment expired and the district court sought to put in a new top prosecutor, the Trump administration placed her in a lower position — First Assistant U.S. Attorney — that allowed her to assume the top job once her original nomination was withdrawn. 

In a 3-0 decision, the appeals court concluded that Habba’s original nomination for the U.S. attorney position barred her from assuming the acting job. The court also rejected the argument that the attorney general has the power to delegate the powers of U.S. attorney to Habba. 

The ruling from the three-judge panel — composed of two judges put on the bench by George W. Bush and one by Joe Biden — comes on the heels of a high-profile decision last week disqualifying Trump’s handpicked prosecutor in the Eastern District of Virginia, Lindsey Halligan, who had brought criminal cases against former FBI Director James Comey and New York Attorney General Letitia James.

Copyright © 2025 ABC News Internet Ventures.

You May Also Like

Hegseth dismisses impeachment effort as 'political spectacle'

Pete Hegseth Dismisses Impeachment Effort as ‘Political Spectacle’

Defense Secretary Pete Hegseth dismissed the impeachment effort against him as a…
ICE arrest criminal illegl alien who drove flashy cars and partied with naked models

ICE Arrests Undocumented Immigrant With Criminal Record Accused of Flashy Cars, Nude-Model Parties

Federal Immigration and Customs Enforcement agents have detained the Iranian social media…
Cruise ship murder suspect said he snapped before beating and choking woman: affidavit

Cruise Ship Murder Suspect Said He Snapped, Affidavit Says

A passenger accused of killing a woman aboard the MSC Seascape told…
Man killed in fiery Kentucky jet crash told daughter of trouble in midair

Kentucky Jet Crash Victim Told Daughter of Midair Trouble Before Fire

A 70-year-old Wisconsin man died Sunday, Nov. 8, after his military-style jet…
FBI is ‘looking into’ Nvidia boss Jensen Huang’s affair with suspected Chinese spy, Trump says

Trump Says FBI Is Looking Into Nvidia CEO’s Alleged Spy Affair

President Trump said the FBI is investigating Nvidia CEO Jensen Huang after…
The Aftermath of the Blue Tsunami of 2026: Is JD Vance Correct?

JD Vance’s Take on a 2026 Blue Wave and Its Aftermath

The votes had barely been counted when the fight over who was…
Ohio State suspends fraternity after video captures two people engulfed in flames

Ohio State Suspends Fraternity After Video Shows Two People on Fire

Ohio State University has suspended a fraternity after a disturbing video appeared…
What Jensen Huang's affair with suspected spy could mean for his marriage — and $150B fortune

Unverified Affair and Spy Allegations Put Focus on Jensen Huang’s Marriage and $150 Billion Fortune

Nvidia CEO Jensen Huang’s alleged affair with a former tech executive suspected…
Trump meets key Iran war mediator as UAE reveals major oil export surge despite conflict

Trump Meets Iran War Mediator as UAE Oil Exports Surge Amid Conflict

President Donald Trump met with Qatar’s Prime Minister Sheikh Mohammed bin Abdulrahman…
California Law Requires ID to Buy Muscle-Building Supplements in January

California’s New Law Requires ID for Muscle-Building Supplements

Starting Jan. 1, 2027, California retailers will be prohibited from selling weight-loss…
Iranian ‘King of Instagram' arrested by ICE hung with celebrities

Iranian ‘King of Instagram’ Arrested by ICE Had Celebrity Ties

The Iranian “King of Instagram” who posted scandalous photos with naked models…
NTSB recovers cockpit voice recorder from Learjet crash site in Florida

NTSB Recovers Cockpit Voice Recorder From Florida Learjet Crash Site

The National Transportation Safety Board (NTSB) said Monday that investigators have recovered…