A federal appeals court has ruled that Alina Habba, the former personal lawyer to Donald Trump, is unlawfully serving as the top federal prosecutor for New Jersey. The decision deals a significant blow to the Trump administration's efforts to keep her in the powerful role.
Court Upholds Lower Court's Disqualification Order
On Monday, a panel of judges from the third US circuit court of appeals in Philadelphia affirmed a lower court's ruling that disqualified Habba. The court issued a 32-page opinion following oral arguments on 20 October, which Habba attended. The judges concluded that the administration's manoeuvres to install her as acting US attorney demonstrated the "difficulties it has faced" in placing its appointees.
The ruling stated, "We will affirm the district court’s disqualification order." It highlighted that citizens and employees deserve clarity and stability, which the current situation lacked.
A Controversial Appointment and Political Fallout
Habba's tenure has been contentious from the start. Appointed by Trump in March 2025 after briefly serving as a White House adviser, she quickly made overtly political statements. In an interview, she expressed a hope to help "turn New Jersey red." Her actions included bringing charges against prominent Democrats, such as Newark Mayor Ras Baraka and US House member LaMonica McIver, which raised eyebrows for their rarity and perceived political nature.
Questions over her legitimacy intensified in July 2025 when her temporary 120-day appointment expired. New Jersey's two Democratic US senators, Cory Booker and Andy Kim, refused to back her permanent appointment. Subsequently, federal judges in New Jersey used their statutory power to replace her with a career prosecutor.
However, Attorney General Bondi fired that prosecutor and reinstated Habba as acting US attorney, arguing the judges acted prematurely. The justice department maintained that the president had the authority to appoint his preferred candidate.
Broader Pattern of Challenged Appointments
This case is not isolated. It follows several challenges to the legality of Trump-era prosecutor appointments. Last week, a federal judge dismissed cases against former FBI director James Comey and New York Attorney General Letitia James after finding the prosecutor who filed them, Lindsey Halligan, was unlawfully appointed.
Similarly, in New Jersey, defendants charged with federal crimes challenged Habba's authority to prosecute after her interim term lapsed. A similar dynamic is playing out in Nevada, where a judge disqualified the administration's pick for US attorney.
The appeals court panel consisted of judges D Brooks Smith and D Michael Fisher, appointed by Republican President George W. Bush, and Luis Felipe Restrepo, appointed by Democratic President Barack Obama. Their ruling underscores that presidential appointments remain subject to statutory time limits and rules.
The justice department has indicated it intends to appeal related rulings, setting the stage for further legal battles over the administration's appointment powers.
