Appeals Court Disqualifies Alina Habba From Serving as New Jersey’s Acting U.S. Attorney

A federal appeals court has ruled that former Trump lawyer Alina Habba cannot continue serving as New Jersey’s acting U.S. attorney.

The 3rd U.S. Circuit Court of Appeals upheld a lower court’s decision, saying Habba’s appointment violated federal law and lacked proper authority.

Judges said the administration used “novel legal and personnel moves” to keep her in office even after her interim term expired.

In a 32-page opinion, the panel wrote that New Jersey residents “deserve clarity and stability,” not political maneuvering over a critical federal post.

The court also noted that Habba never received Senate confirmation, a key requirement for the role she was holding.

The ruling arrives amid broader efforts by the Trump administration to install preferred prosecutors in key positions nationwide.

Habba is not alone—similar appointment challenges surfaced recently in Virginia and Nevada, where courts questioned whether interim prosecutors were legally appointed.

During her tenure, Habba made several controversial moves, including charging Newark Mayor Ras Baraka and Democratic Rep. LaMonica McIver in cases critics said were politically tinted.

Defense lawyers in New Jersey repeatedly argued that Habba lacked authority to prosecute their clients after her temporary appointment lapsed.

After Monday’s ruling, questions remain about whether decisions she made while in office could be revisited or invalidated.

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