Appeals Court Removes Alina Habba, Says Trump Ally Was Serving Illegally as U.S. Attorney in New Jersey
A federal appeals court delivered a major legal setback to the Trump administration on Monday, ruling that Alina Habba — Donald Trump’s former personal attorney — has been unlawfully serving as the U.S. Attorney for New Jersey.
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The Third Circuit Court of Appeals unanimously upheld a lower-court finding that Habba’s appointment violated federal law because the administration bypassed the required Senate-confirmation process and improperly used interim-appointment rules to keep her in the job.
According to the ruling, interim U.S. attorneys may only serve for a limited period before the position must be filled through a lawful nomination and confirmation. Judges found that the administration’s effort to extend Habba’s authority went beyond what the law allows — meaning her tenure had no legal basis.
The decision immediately removes Habba from the role and raises questions about the legitimacy of decisions and prosecutions undertaken while she held the office.
Legal experts warn the impact could extend far beyond New Jersey. Because the administration used similar processes to install other loyalists in U.S. attorney positions nationwide, the ruling may open the door to new challenges across the country.
The panel’s opinion describes the appointment maneuvering as inconsistent with “the clear statutory limits Congress set,” signaling that any comparable placements in other districts could be vulnerable.
The Justice Department has not yet announced whether it will seek further review or attempt to reappoint Habba through a formal Senate process — a path that could face steep political resistance.
For now, the ruling stands as one of the most consequential checks on the administration’s federal-prosecutor appointments to date, setting up the possibility of more legal battles ahead.