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Alina Habba has been ruled ineligible to serve as New Jersey's top federal prosecutor by a federal appeals court. The decision challenges the legality of Trump's appointments and raises questions about the stability of ongoing federal cases.
A three-judge panel said the administration’s manoeuvring exposed the legal and political barriers. (Photo: AP)
New Delhi,UPDATED: Dec 2, 2025 03:56 IST
Alina Habba, the former personal lawyer to President Donald Trump turned federal prosecutor, has been ruled ineligible to serve as New Jersey’s top federal prosecutor, despite the administration’s attempts to keep her in the role. A federal appeals court on Monday upheld an earlier decision declaring that she was unlawfully appointed, marking a major setback for the White House’s effort to elevate her without Senate confirmation, the Associated Press reported.
A three-judge panel of the 3rd US Circuit Court of Appeals said the administration’s manoeuvring exposed the legal and political barriers it faced in installing its preferred candidate. “The citizens of New Jersey and the loyal employees in the US Attorney’s Office deserve some clarity and stability,” the judges wrote in their 32-page opinion, calling the situation untenable.
The ruling affirms a lower-court judgment issued in August by Judge Matthew Brann, who said Habba’s elevation relied on a novel series of legal and personnel moves and that she was serving unlawfully. The order had warned that actions she took since July could be invalidated, though it was paused pending appeal.
Habba, who attended oral arguments in October, has insisted she is fighting on behalf of other nominees she says have been denied fair Senate hearings. After the hearing, she posted on X that she would continue advocating for qualified candidates who have been refused a chance to be heard.
Attorneys challenging Habba’s authority said the court’s decision underscores that Trump’s appointments are not exempt from federal law. “We will continue to challenge President Trump’s unlawful appointments of purported US Attorneys wherever appropriate,” lawyers Abbe Lowell, Gerry Krovatin and Norm Eisen said in a statement.
Habba is not alone. Several Trump appointees have faced similar challenges. Just last week, a federal judge dismissed criminal cases filed by Lindsey Halligan in Virginia after ruling she had been unlawfully installed as interim US attorney. The Justice Department plans to appeal.
The judges on Monday’s panel included two appointed by President George W. Bush and one by President Barack Obama. Legal experts say the decision could ripple through the state’s federal caseload. “This is a real challenge to that office’s ability to do its work,” said Jacob Elberg, a professor at Seton Hall Law School.
HOW ALINA HABBA'S TENURE BECAME CONTESTED
Habba’s authority began to unravel in July as her temporary appointment expired and it became clear New Jersey’s Democratic senators would not support her nomination. Federal judges stepped in to replace her with a career prosecutor, only for Attorney General Pam Bondi to fire that prosecutor and reinstate Habba, citing the president’s authority.
Brann’s ruling, now upheld, said that even presidential appointments are constrained by statutory limits. The case began after defendants in federal criminal cases argued that Habba lacked legal authority once her 120-day interim term ended.
Before her appointment, Habba served as Trump’s lawyer in multiple criminal and civil matters, then briefly as a White House adviser. Upon taking office as US attorney, she made comments about wanting to turn New Jersey red, a rare political declaration for a federal prosecutor. She later brought high-profile cases, including a trespassing charge against Newark Mayor Ras Baraka -- ultimately dropped -- and an assault charge against Democratic Rep. LaMonica McIver, who has pleaded not guilty.
- Ends
With inputs from Associated Press
Published By:
Satyam Singh
Published On:
Dec 2, 2025
