US appeals court rules to disqualify former Trump lawyer Alina Habba as top New Jersey prosecutor

PHILADELPHIA Alina Habba, who previously served as President Donald Trumps personal attorney, has been barred from acting as New Jerseys chief federal prosecutor, according to a decision by the 3rd U.S. Circuit Court of Appeals on Monday. The court upheld a lower court ruling after reviewing arguments presented on October 20, when Habba appeared in person.

The court noted in its 32-page opinion that the current administration faced significant legal and political obstacles in placing its preferred candidates in key roles. Efforts to elevate Alina Habba to Acting U.S. Attorney reveal the administrations challenges, yet New Jersey residents and the U.S. Attorneys Office deserve stability and clarity, the judges wrote. The ruling concluded, We will affirm the District Courts disqualification order.

This decision comes amid attempts by Trumps administration to retain Habba in the influential role of acting U.S. attorney, which oversees federal criminal and civil prosecutions. Questions had been raised about the legality of keeping her in the post after her interim appointment expired, as she never received Senate confirmation.

Following the hearing, Habba released a statement on X asserting she was advocating for other federal prosecutor candidates who had been denied Senate hearings. The White House referred inquiries to the Justice Department, and messages were sent to the U.S. attorneys office in New Jersey, Habbas staff, and the Justice Department seeking comment.

Lawyers representing the appellees confirmed in an email that the decision affirmed Habbas service as unlawful. We will continue to challenge President Trumps unauthorized appointments of so-called U.S. Attorneys where appropriate, said Abbe Lowell, Gerry Krovatin, and Norm Eisen.

Habba is not the only Trump-era appointee whose appointment has been legally contested. Last week, a federal judge dismissed charges against former FBI Director James Comey and New York Attorney General Letitia James after finding that Lindsey Halligan, who filed the charges, had been unlawfully appointed as interim U.S. attorney in Virginia. The Justice Department plans to appeal those decisions.

The appellate panel consisted of two judges appointed by Republican President George W. BushD. Brooks Smith and D. Michael Fisherand one appointed by Democratic President Barack Obama, Luis Felipe Restrepo. The immediate impact of the ruling on ongoing prosecutions remains uncertain.

Jacob Elberg, a law professor at Seton Hall, stated that the decision carries real implications due to the offices significant responsibility in managing criminal and civil matters. This ruling presents a genuine challenge to the offices ability to operate effectively, he said.

Lower-court Judge Matthew Brann had previously determined in August that Habbas appointment involved an unprecedented series of legal and personnel moves and that she was unlawfully serving as U.S. attorney. Although he stayed his order pending appeal, he noted that actions taken by Habba since July could be invalidated. The government had argued she was legitimately serving under a federal statute allowing the first assistant attorney to act in the role.

Similar legal disputes have emerged elsewhere, including Nevada, where a federal judge disqualified a Trump administration appointee for the U.S. attorney position. In New Jersey, several individuals facing federal charges contested the legitimacy of Habbas tenure, claiming she lacked authority to prosecute after her 120-day interim term expired.

Habba had served as Trumps attorney in both civil and criminal matters before his second term election. After a brief period as a White House adviser, she was named a federal prosecutor in March. Early in her tenure, she made politically charged statements about her goal to influence New Jerseys political landscape. She later filed a trespassing charge against Newark Mayor Ras Baraka, which was dropped, and charged U.S. Representative LaMonica McIver with assault, an unusual federal case against a sitting member of Congress.

Concerns about Habbas continuation in the role emerged when her temporary appointment ended, and New Jerseys Democratic Senators Cory Booker and Andy Kim declined to support her nomination. Earlier this year, federal judges temporarily replaced her with a career prosecutor, who was then removed by Attorney General Pam Bondi, allowing Habba to resume her acting role. The Justice Department maintained that the president retains authority to appoint his preferred candidate, while Branns ruling emphasized that appointments must comply with federal law limits and power-sharing rules.

Author: Sophia Brooks