Appeals court says ALINA HABBA, former TRUMP lawyer, is serving unlawfully as U.S. Attorney

Tuesday, December 2, 2025 -A federal appeals court has ruled unanimously that Alina Habba was unlawfully serving as U.S. Attorney for New Jersey — a major blow to efforts by the current administration to keep her in that powerful role. The 3rd U.S. Circuit Court of Appeals upheld a lower-court decision, finding the administration circumvented legal procedures by failing to obtain Senate confirmation.

The court’s 32-page opinion explicitly criticized the maneuver that had allowed Habba to remain in office even after the expiration of her 120-day interim appointment. 

Under the governing law — the Federal Vacancies Reform Act (FVRA) — only a “first assistant” in place when the vacancy arises may automatically take on the U.S. Attorney role temporarily — and once Habba was nominated for the permanent post, that nomination bar made her ineligible to serve in an acting capacity. The court also held that attempts by the Attorney General to delegate all prosecutorial powers to her were unlawful.

This ruling lands at a critical moment for ongoing prosecutions in New Jersey — raising urgent questions about the legality of any indictments or filings she approved while in office. 

With Habba disqualified from holding the position, the decision underscores a broader pushback against efforts to install politically aligned prosecutors without proper constitutional oversight. For legal stability and the integrity of federal prosecutions, courts and the public alike may expect further fallout from this decision.