Court rules that ex-Trump lawyer Alina Habba is illegally acting as US attorney for New Jersey

A federal appeals court has determined that Alina Habba, previously President Donald Trumps personal lawyer, is serving illegally as the U.S. attorney for New Jersey. The decision represents a significant legal setback for the Trump administration and could have wide-ranging effects on federal appointments nationwide.

The ruling, issued Monday by a three-judge panel of the 3rd U.S. Circuit Court of Appeals, affirmed a lower courts conclusion that the administration bypassed legal requirements in placing Habba in the role after failing to obtain Senate approval. The court wrote, Under the Governments delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely. This view is so broad that it bypasses the constitutional process entirely.

The decision could influence similar situations in regions where the Trump administration has not secured Senate-confirmed U.S. attorneys, including Los Angeles and Las Vegas. Recently, a district court dismissed two indictments involving former FBI Director James Comey and New York Attorney General Letitia James after finding that Lindsey Halligan, the U.S. attorney for the Eastern District of Virginia, was serving unlawfully.

Although the 3rd Circuit ruling specifically applies to New Jersey, Pennsylvania, Delaware, and the U.S. Virgin Islands, appellate court decisions often set precedents that affect other jurisdictions, especially in cases involving novel legal questions. It remains uncertain who will assume leadership of the New Jersey U.S. attorneys office following this decision. The Justice Department may request a rehearing by the full 3rd Circuit or appeal directly to the U.S. Supreme Court.

Thomas Mirigliano, attorney for Julien Giraud Jr., one of the challengers to Habbas appointment, praised the courts decision: The panel issued a clear and carefully reasoned decision that recognizes the extraordinary power vested in U.S. attorneys and reinforces the limits Congress has set on who may occupy those positions. We appreciate the courts thoughtful approach and the clarity it brings to this important issue.

In districts where U.S. attorneys were found to be unlawfully serving, most criminal cases have proceeded, although some trials and sentencing hearings were postponed. Apart from the Halligan case, judges have generally not dismissed indictments brought by challengers, as other prosecutors have remained involved in those cases.

Trumps legal team had appealed the lower court ruling, arguing that Habba was legally eligible because she was delegated authority as a special attorney by Attorney General Pam Bondi, and contesting the claim that she was not the first assistant U.S. attorney at the time of the vacancy.

Earlier this year, Trump appointed Habba as interim U.S. attorney for New Jersey. As the 120-day term for interim appointments neared its end and it became clear she would not be confirmed by district judges, Habba resigned. Bondi subsequently appointed Habba as special attorney and first assistant U.S. attorney, allowing her to delegate the U.S. attorneys authority to herself.

The three-judge panel included Judges Michael Fisher and D. Brooks Smith, appointed by former President George W. Bush, and Judge Felipe Restrepo, appointed by former President Barack Obama.

Author: Sophia Brooks