Accordind to ABNEWS The U.S. Court of Appeals for the 3rd Circuit has upheld a lower-court decision disqualifying Alina Habba — a former personal lawyer to President Donald Trump — from serving as the acting U.S. Attorney for the District of New Jersey. The ruling, issued Monday in Philadelphia, represents a significant setback for the Trump administration’s efforts to maintain her position despite questions surrounding her appointment.
Appeals Court Rejects Trump Administration’s Efforts to Keep Habba in Office
A three-judge panel affirmed that Habba’s appointment violated federal procedures governing temporary U.S. attorney appointments. During oral arguments on October 20, the judges pressed the administration on why Habba remained in the role after her interim authority expired and without Senate confirmation.
In their 32-page opinion, the judges emphasized the need for stability in the U.S. Attorney’s Office, writing:
“While the current administration has faced obstacles in installing its preferred appointees, the people of New Jersey deserve clarity and consistency. We therefore affirm the District Court’s disqualification order.”
Habba Responds to the Ruling
Following the October hearing, Habba defended her position publicly, saying on X that she was advocating not only for herself but for other nominees awaiting Senate consideration. As of Monday, the White House declined to comment and referred inquiries to the Justice Department. Attempts to reach Habba’s staff and the U.S. Attorney’s Office in New Jersey were unsuccessful.
Attorneys Abbe Lowell, Gerry Krovatin, and Norm Eisen, who challenged Habba’s appointment, stated that the ruling confirms she was “serving unlawfully” and pledged to continue contesting similar appointments made by President Trump.
Other Trump-Era Prosecutor Appointments Also Facing Legal Challenges
Habba’s case is not unique. Multiple Trump-appointed federal prosecutors are currently under scrutiny. Just last week, a federal judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James after determining that Lindsey Halligan — the prosecutor who filed the charges — had been improperly installed as interim U.S. attorney in the Eastern District of Virginia. The Justice Department has indicated it will appeal those dismissals.
The Appeals Court panel included two Republican-appointed judges, D. Brooks Smith and D. Michael Fisher, and one Obama appointee, Luis Felipe Restrepo.
Legal Experts Warn of Significant Consequences
Jacob Elberg, a professor at Seton Hall University School of Law, said the decision could have “serious implications” for ongoing and future cases handled by the New Jersey U.S. Attorney’s Office.
“This office oversees a wide range of criminal and civil matters, all of which impact the safety and rights of New Jersey residents,” Elberg explained. “Questions about the legality of its leadership pose real challenges for its ability to function effectively.”
Lower-Court Judge Previously Called Habba’s Appointment Unlawful
The appeals court ruling upholds an earlier decision from Judge Matthew Brann, who declared in August that Habba’s appointment relied on a “novel series of legal and personnel moves” that failed to meet statutory requirements. Brann warned that actions taken under her leadership since July could be invalidated, though he paused the order while awaiting the appeal — a pause that is now officially concluded.