Federal Court Declares Alina Habba’s Appointment Illegal in Major Blow to Trump Administration
Appeals judges rule Habba was unlawfully installed as New Jersey’s U.S. Attorney, raising uncertainty for federal cases statewide
A federal appeals court ruled on Monday that Alina Habba had been serving illegally as the U.S. Attorney for the District of New Jersey — a significant blow to President Donald Trump’s administration. Habba was one of several prosecutors Trump sought to keep in power despite lacking Senate confirmation or a judicial appointment, the two traditional pathways for assuming the role.
According to The New York Times, the Philadelphia-based appellate court upheld an earlier decision by the chief judge of the Middle District of Pennsylvania, who concluded in August that Habba had been unlawfully holding the office since July 1. The ruling stated that the government violated the law as written, and that the Trump administration appeared “frustrated by legal and political barriers” that prevented it from installing its preferred prosecutors.
Uncertainty Over New Jersey Federal Cases After Habba Ruling
The judges wrote that the maneuvering used to keep Habba in the position reflected the broader difficulties the administration faced. They added, “The people of New Jersey and the dedicated staff of the U.S. Attorney’s Office deserve clarity and stability.”
It remains unclear how this ruling will affect ongoing federal cases in the state or whether Habba will continue in her role in the near future. Federal courts in New Jersey have already experienced months of uncertainty, with slowed criminal proceedings and disruptions to grand jury operations.
Habba, who has represented Trump in numerous civil cases and has been a public figure in his 2024 presidential campaign, had no prior experience in criminal law before the president appointed her in March as acting U.S. Attorney for New Jersey.
Second Major Legal Setback for Trump and Habba in One Week
Trump nominated her for the permanent position, but the appointment faced near-certain failure due to opposition from New Jersey’s Democratic senators, Cory Booker and Andy Kim. In July, district court judges refused to extend her tenure and instead selected federal prosecutor Desiree Lee Grace. This prompted Attorney General Pam Bondi to criticize the judges, dismiss Grace, and elevate Habba to the role of acting U.S. Attorney once again.
Justice Department lawyers argued on appeal that the president holds “broad authority to determine who enforces the criminal laws of the United States.”
Monday’s ruling marks the second major setback in one week for Trump and his close ally. Just days earlier, a federal appeals panel upheld nearly $1 million in penalties imposed by a lower-court judge for filing what were deemed “frivolous” lawsuits against more than 20 adversaries, including Hillary Clinton, former FBI Director James Comey, and the Democratic National Committee.
