PHILADELPHIA, PA – A federal appeals court has dealt a serious setback to the Trump administration, ruling that former Trump attorney Alina Habba was unlawfully serving as the U.S. Attorney for the District of New Jersey.
In a unanimous decision issued Monday, a three-judge panel of the U.S. Court of Appeals for the 3rd Circuit agreed with a lower court that the administration violated federal law in its efforts to keep Habba in the powerful post.
Legal challengers are calling the ruling an important reminder that the White House cannot bypass constitutional and statutory rules to install preferred choices without Senate approval.
How The Administration Tried To Keep Habba In Power
The dispute centers on what happened after Habba’s 120-day interim appointment ended in July. Habba, who had worked as a personal attorney for former President Donald Trump and had no prior experience as a prosecutor, ran into strong pushback from New Jersey’s Democratic Senators, Cory Booker and Andy Kim. Their opposition stalled her permanent nomination in the Senate.
When the federal district judges in New Jersey refused to extend her time in the job and instead chose a seasoned career prosecutor to lead the office, Attorney General Pam Bondi quickly stepped in.
Bondi removed the court-appointed replacement and then used a series of administrative moves to put Habba back in charge. Those moves included naming Alina Habba a “special attorney” and then “first assistant,” which allowed Bondi to immediately restore her as Acting U.S. Attorney.
The appeals court rejected that approach and said it was a direct attempt to get around the Federal Vacancies Reform Act and the Senate confirmation process.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” the court wrote. “Its efforts to elevate its preferred candidate… demonstrate the difficulties it has faced, yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”
What The Ruling Means And What Could Come Next
The decision upholds the lower court’s order that bars Habba from handling ongoing cases. It also marks the first time a federal appeals court has ruled on the legality of the administration’s contested appointments of U.S. attorneys in different states.
- Impact on cases:
The ruling puts a cloud over many federal criminal and civil cases that Habba oversaw after July 1. Defense lawyers who disputed her authority say they will keep challenging what they describe as “unlawful appointments.” - Broader consequences:
The decision could affect other interim Trump appointees who stayed in their roles through similar tactics. That includes states like Virginia, where another federal judge recently ruled a comparable appointment unlawful. - Likely Supreme Court fight:
The administration is expected to ask the U.S. Supreme Court to review the decision. If the Court takes the case, it could set up a major fight over how far a president’s appointment power goes compared with the authority of Congress and the courts.
This ruling is the second major legal setback in a week for Alina Habba and former President Trump. It follows another circuit court decision that upheld nearly $1 million in sanctions against them for filing what the court called “frivolous” lawsuits.
Who is Alina Habba, ex-Trump lawyer disqualified as top New Jersey prosecutor? offers more background on Habba’s career and the appeals court decision that removed her as U.S. Attorney for New Jersey.
