Alina Habba, chosen by President Donald Trump to serve as interim U.S. attorney for New Jersey, speaks with reporters outside the White House on March 26, 2025. AP Photo
A U.S. appeals court ruled Monday that Alina Habba, former personal lawyer to Donald Trump, cannot serve as New Jersey’s top federal prosecutor. The decision upheld a lower-court ruling and ended the Trump administration’s effort to keep her in the role without Senate approval. The judges said New Jersey residents and federal employees deserve stability and clarity in the office.
Court Says Appointment Broke Federal Rules
The three-judge panel from the 3rd U.S. Circuit Court of Appeals reviewed the case in October. In their written decision, they said the administration struggled to push through its preferred candidates and used unusual steps to keep Habba in place after her interim term expired. The court said, “We will affirm the District Court’s disqualification order.”
Habba said after the hearing that she fought on behalf of many nominees who never received Senate confirmation. The White House did not comment on the ruling. Lawyers challenging her appointment said the decision proves she served unlawfully.
Troubles With Other Appointments
Habba is not the only prosecutor challenged in court. Last week, a judge dismissed cases filed by another Trump-appointed interim prosecutor in Virginia, saying that appointment also broke federal rules. The Justice Department plans to appeal.
Legal experts say these rulings could disrupt important federal work. One law professor noted that the New Jersey office handles serious criminal and civil matters, and the decision may affect how the office operates in the short term.
Lower Court Found Problems Earlier
A judge first ruled in August that Habba’s appointment relied on unusual legal steps and did not meet federal standards. The judge said her actions since July could be overturned, but paused the order until the appeal finished.
Government lawyers argued that Habba could continue in the job because Trump named her first assistant attorney before elevating her. Courts, however, rejected that argument. A similar situation now unfolds in Nevada, where another interim Trump pick was removed.
Defendants Challenged Habba’s Authority
Several people facing federal charges in New Jersey argued that Habba had no legal authority to prosecute them. They said her appointment expired after 120 days and she could not continue without Senate confirmation. Habba previously represented Trump and later joined his administration as an adviser before he named her interim U.S. attorney.
Her time in office drew attention. She once spoke openly about wanting to “turn New Jersey red,” a rare political comment from a federal prosecutor. She also brought unusual charges against local Democratic officials, including a trespassing case that was later dropped. Another case against a sitting member of Congress continues.
Political Pushback and Legal Limits
Questions over Habba’s future intensified when state senators signalled they would not support her nomination. Judges in New Jersey then used their authority to appoint her deputy as acting U.S. attorney. The administration removed that appointment and tried to restore Habba.
The appeals court said the president must still follow the limits in federal law. The ruling leaves the office under new leadership while the Justice Department and defence lawyers prepare for the legal fallout.
