Alina Habba, the former personal lawyer to US President Donald Trump, was disqualified on Monday from serving as the top federal prosecutor in New Jersey, in a major legal setback to the Trump administration’s efforts to place loyalists in key judicial positions across the country.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals unanimously upheld a lower court ruling that found the administration violated federal appointment law in its attempt to install 41-year-old Habba as Acting U.S. Attorney for the District of New Jersey, despite her failure to secure Senate confirmation.
Court Rebukes Trump Administration
The appellate panel said the government’s manoeuvres effectively bypassed constitutional requirements for presidential appointment and Senate confirmation.
“Under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely,” the court wrote in its ruling.
The judges warned that such a precedent would undermine the constitutional checks on executive power.
“This view is so broad that it bypasses the constitutional process entirely,” the 32-page opinion stated, adding that New Jersey citizens and federal employees “deserve clarity and stability”.
Decision Could Affect Ongoing Federal Cases
The disqualification now casts uncertainty over active federal criminal cases in New Jersey, forcing the Justice Department to immediately consider alternative leadership. The administration may appeal to the U.S. Supreme Court.
Lawyers for criminal defendant Cesar Pina, who challenged Habba’s authority, said the ruling proves Trump cannot “usurp statutory and constitutional processes to insert whomever he wants” into U.S. attorney roles.
Legal Turbulence Around Interim Appointments
The ruling is the first by a federal appeals court addressing the Trump administration’s controversial use of temporary appointments. Similar disputes have led courts to dismiss prosecutions in Virginia, California, and Nevada, where interim appointees were also ruled unlawfully installed.
In New Jersey, federal judges previously rejected efforts to extend Habba’s interim term and instead named her deputy, Desiree Grace, as acting U.S. attorney after which Attorney General Pam Bondi fired Grace and attempted to reinstall Habba.
Who Is Alina Habba?
Alina Saad Habba is an American attorney and political adviser. She has served as acting U.S. Attorney for New Jersey since March 2025 after previously representing Trump in multiple civil and defamation cases. She also served as counselor to the president and senior adviser to MAGA Inc.
Habba had no prior prosecutorial experience before taking the federal role. She gained public attention after filing high-profile lawsuits on Trump’s behalf including a $100 million suit against The New York Times, which was dismissed.
During her tenure, Habba had sparked controversy by:
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Stating publicly that she wanted to “turn New Jersey red”
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Investigating Democratic Gov. Phil Murphy and Attorney General Matt Platkin
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Charging Democratic Congresswoman LaMonica McIver after an incident at a Newark detention facility, a move later rebuked by a judge for political motivation
Ethics Questions and Past Legal Disputes
Habba previously faced allegations of pressuring an employee at Trump’s Bedminster golf club into signing an illegal non-disclosure agreement in a workplace misconduct case. The matter was settled in 2024.
With the appeals ruling now final, the Justice Department must appoint a new eligible federal prosecutor while evaluating whether to escalate the case to the Supreme Court.
A spokesperson for the Justice Department has not commented on the decision.
Sofia Babu Chacko is a journalist with over five years of experience covering Indian politics, crime, human rights, gender issues, and stories about marginalized communities. She believes that every voice matters, and journalism has a vital role to play in amplifying those voices. Sofia is committed to creating impact and shedding light on stories that truly matter. Beyond her work in the newsroom, she is also a music enthusiast who enjoys singing.
