Alina Habba Disqualified: Appeals Court Strips Trump Ally
Alina Habba interviewed by Inside Edition, 2024. Photo courtesy of SWinxy under CC BY 4.0.
Alina Habba, once a rising star in the MAGA legal universe and a former personal attorney to President Donald Trump, has been dealt a stunning legal blow. A federal appeals court has unanimously ruled that Habba was unlawfully serving as the acting U.S. attorney for New Jersey, a decision that not only strips her of the position but also casts a shadow over the cases she handled.
A Courtroom Rebuff for a Trump Ally
The 3rd U.S. Circuit Court of Appeals reportedly handed down its unanimous decision in early December 2025, affirming a lower court's ruling that Habba's appointment violated the Federal Vacancies Reform Act (FVRA). The panel, consisting of two judges appointed by President George W. Bush and one by President Barack Obama, found that Habba's tenure as acting U.S. attorney was not legally valid. Judge D. Michael Fisher, writing the opinion, noted that Habba was "exercising all the powers of a U.S. Attorney" without complying with the FVRA's requirements, as reported by The Daily Beast.
Habba had been sworn in as the interim U.S. attorney for New Jersey in late March 2025 after the previous acting U.S. attorney resigned. President Trump nominated her permanently in June, but the Senate never acted on the nomination, largely due to opposition from New Jersey's Democratic senators. The FVRA limits acting appointments to 120 days, after which the position must be filled by a Senate-confirmed nominee or a court-appointed official. When Habba's 120-day term expired, a district court ordered that the first assistant U.S. attorney, Desiree Grace, should take over. Instead, the Trump administration reportedly fired Grace and attempted to keep Habba in charge through a series of legal maneuvers.
The 'Special Attorney' Loophole That Didn't Work
In a move that legal experts called unusual, Attorney General Pam Bondi appointed Habba as a "Special Attorney" after her acting U.S. attorney appointment was challenged, as reported by The Daily Beast. This designation was intended to allow Habba to continue wielding the powers of a U.S. attorney without Senate confirmation. However, this attempt to circumvent the law was rejected by the courts. Two defendants facing charges filed motions arguing that Habba's appointment was unlawful, triggering a series of court battles that culminated in the appeals court's decisive ruling.
The court's opinion made clear that Habba's appointment as first assistant U.S. attorney came after the vacancy arose, disqualifying her from automatically becoming acting U.S. attorney. Moreover, the FVRA explicitly bars anyone whose nomination has been submitted to the Senate from serving as an acting officer, even if the nomination is later withdrawn. Judge Fisher emphasized that the mere submission of Habba's nomination prevented her from legally holding the acting position, as reported by USA Today.
Legal and Political Fallout
The ruling is a significant setback for the Trump administration's strategy of placing loyalists in top Justice Department roles without Senate confirmation. It follows a similar decision in the Eastern District of Virginia, where another Trump personal lawyer, Lindsey Halligan, was disqualified as acting U.S. attorney. That ruling led to the dismissal of politically charged indictments against former FBI Director James Comey and New York Attorney General Letitia James.
Lawyers for one of Habba's criminal defendants, Cesar Pina, reported hailed the ruling as a landmark decision, saying it was "the first time an appellate court has ruled that President Trump cannot usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions," as reported by USA Today. They pledged to continue challenging what they called unlawful appointments wherever appropriate.
The decision also raises questions about the validity of the indictments and prosecutions overseen by Habba during her unlawful tenure. The Justice Department now faces the task of appointing a new prosecutor to supervise ongoing cases in New Jersey, and the administration could seek to appeal the ruling to the U.S. Supreme Court.
Judges Skeptical of Trump Administration's Tactics
According to POLITICO, during oral arguments in October, the appeals court judges reportedly expressed skepticism about the Trump administration's multistep process to keep Habba in power. The judges spent over an hour questioning the legality of the administration's maneuvers, which included firing the court-appointed interim U.S. attorney and appointing Habba to multiple roles to maintain her authority.
Judge Fisher's opinion acknowledged the administration's frustration with legal and political barriers but underscored the need for clarity and stability for New Jersey's citizens and the Justice Department's loyal employees. The ruling serves as a reminder that the rule of law governs appointments, even amid political pressures.
What's Next for Habba and the Justice Department?
The Trump administration has not yet commented on the ruling. The Justice Department's next steps remain uncertain, but the decision complicates efforts to install loyalists in key U.S. attorney offices nationwide. Similar challenges are underway in other districts, including Northern New York, California, and Nevada, where courts have questioned the legitimacy of Trump-appointed prosecutors.
For now, Habba's tenure as acting U.S. attorney is officially over, and the legal battles surrounding her appointment highlight the ongoing tension between executive ambitions and statutory limits. The case stands as a vivid example of how political maneuvering within the Justice Department can collide with the judiciary's role in upholding the law.
If you have been following the Trump administration's efforts to reshape the Justice Department, this ruling is a critical chapter. It shows that even well-connected allies like Alina Habba are not immune to legal checks, and it raises important questions about the future of politically charged prosecutions in New Jersey and beyond.
References: Judges Humiliate Trump by Ejecting MAGA Favorite From Top Job | Trump NJ prosecutor Habba serving unlawfully, appeals court rules | Appeals court upholds disqualification of Alina Habba as New Jersey's top federal prosecutor
