PHILADELPHIA (Diya TV) — A federal appeals court on Monday disqualified President Donald Trump’s personal lawyer, Alina Habba, from serving as acting U.S. attorney for New Jersey. The 3rd U.S. Circuit Court of Appeals upheld a lower court ruling that found her appointment violated the Federal Vacancies Reform Act.
Trump nominated Habba to lead the U.S. Attorney’s Office in New Jersey, but the Senate never confirmed her. After district court judges declined to appoint her, the administration used a series of legal maneuvers to keep her in the role. A U.S. district judge previously described the steps as a “novel series of legal and personnel moves.”
The appeals court ruled the maneuvers were illegal. “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,” the court wrote. The ruling referenced the Federal Vacancies Reform Act, which limits who can serve as acting U.S. attorneys.
The court noted that Habba’s nomination for the permanent U.S. attorney role prevented her from serving in the acting position. The opinion also blocked the attorney general from delegating the full powers of the office to her.
New Jersey Senators Andy Kim and Cory Booker, both Democrats, praised the ruling. “The court’s decision 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,” their joint statement said. They said the Trump administration’s attempts to bypass legal requirements “undermined the legitimacy of the U.S. Attorney’s Office in New Jersey.”
The ruling marks the first time a federal appeals court has blocked a former Trump administration appointee from continuing in an acting U.S. attorney role after a temporary appointment expired. The decision could have nationwide implications for other federal prosecutors installed in similar ways.
Attorneys who challenged Habba’s appointment said the ruling was a major victory for the rule of law. “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,” said Abbe Lowell, Gerry Krovatin, and Norm Eisen. “This is 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.”
Habba’s appointment had already faced legal challenges. After her temporary appointment expired, the Trump administration moved her to a lower position as First Assistant U.S. Attorney. This allowed her to resume acting as U.S. attorney after her nomination was withdrawn. The appeals court rejected this approach.
“The attorney general cannot delegate all the powers of the office to Habba,” the court said. It noted that allowing such delegation would let the Department of Justice bypass the Federal Vacancies Reform Act, potentially enabling someone to serve indefinitely in the U.S. attorney role.
The ruling comes days after a separate federal judge disqualified another Trump-appointed prosecutor, Lindsey Halligan, in the Eastern District of Virginia. Halligan had filed cases against former FBI Director James Comey and New York Attorney General Letitia James. A federal judge dismissed the indictments, ruling that Halligan had no lawful authority to pursue the cases.
Habba, a former personal lawyer to Trump, had been nominated in June for the permanent U.S. attorney position, but the Senate did not act on her nomination. Weeks later, district court judges appointed her deputy as the new U.S. attorney. In response, Attorney General Pam Bondi fired the deputy, appointed Habba as “Special Attorney to the Attorney General,” and then moved her to the deputy role, allowing her to serve as acting U.S. attorney again.
The appeals court unanimously rejected these steps. The three-judge panel included two judges appointed by George W. Bush and one appointed by Joe Biden. Judge Michael Fisher wrote that the administration’s maneuvers “run afoul of the law.” The White House referred requests for comment to the Justice Department, which declined to respond. The New Jersey U.S. attorney’s office also did not immediately comment.
Monday’s decision reinforces the legal boundaries on presidential appointments of U.S. attorneys. It signals that attempts to bypass Senate confirmation or use unconventional appointments may not withstand judicial scrutiny. Legal experts say the ruling could affect other interim appointments made by the Trump administration across the country.
