Alina Habba has been declared ineligible to serve as New Jersey’s top federal prosecutor after a federal appeals court ruled that her appointment was unlawful. The decision from a three-judge panel of the 3rd US Circuit Court of Appeals upheld a lower-court ruling from August, marking a significant setback for the Trump administration’s efforts to secure the position for its preferred candidate without Senate confirmation. In a 32-page opinion, the judges said the administration’s unusual manoeuvres revealed the political and legal obstacles it faced and stressed that the citizens of New Jersey and employees of the US Attorney’s Office “deserve clarity and stability.”
The ruling reaffirms Judge Matthew Brann’s earlier decision that Habba’s promotion relied on unprecedented legal and personnel tactics and that she continued serving past the expiration of her interim authority in violation of federal law. Brann also warned that the actions she had taken since July could be invalidated, although enforcement of that warning had been paused pending appeal. Habba attended oral arguments in October and later stated she would keep advocating for nominees she believes have been denied a fair chance before the Senate.
Attorneys who challenged Habba’s authority said the ruling confirms that presidential appointments cannot bypass established law. The pushback against Habba follows similar challenges to other Trump-aligned interim prosecutors. For instance, just last week a federal judge dismissed cases filed by Lindsey Halligan in Virginia after determining she had been unlawfully installed as interim US attorney — a decision now heading for appeal. Legal analysts warn that the New Jersey ruling could have broad implications for ongoing and past federal cases in the state.
The dispute traces back to July, when Habba’s 120-day interim term expired and Democratic senators from New Jersey declined to support her nomination. Federal judges then placed a career prosecutor in charge, only for Attorney General Pam Bondi to remove him and reinstall Habba. Judge Brann — and now the appeals court — found that the administration exceeded its authority. Before the appointment controversy, Habba was best known for representing Donald Trump in multiple criminal and civil cases and later briefly served as a White House adviser. As US attorney, she made unusually political remarks about turning New Jersey “red” and pursued several high-profile prosecutions that drew scrutiny, including cases involving Newark Mayor Ras Baraka and Democratic Representative LaMonica McIver.
