Setback to Trump: Appeals court says Alina Habba ‘unlawful’ US attorney; second legal blow in a week

A federal appeals court on Monday ruled that Alina Habba had been serving unlawfully as the US attorney in New Jersey, delivering a major setback to the Trump administration and potentially setting up a fight before the US Supreme Court. The three-judge panel in Philadelphia upheld an earlier district court ruling that the administration’s efforts to keep Habba in the post sidestepped statutory requirements.

Habba, who was neither Senate-confirmed nor appointed by district judges - the traditional routes for US attorney appointments - had her authority challenged by defendants in New Jersey. The panel noted that the government’s maneuvers reflected frustration with “legal and political barriers to placing its favored US attorneys in charge,” adding that “the citizens of New Jersey and the loyal employees in the US attorney’s office deserve some clarity and stability.”


The ruling leaves uncertain how ongoing matters in New Jersey’s federal courts will proceed. Some grand jury proceedings and criminal cases had already slowed due to the ambiguity over Habba’s status. Neither the justice department nor Habba’s office responded immediately to requests for comment.

The lawyers who brought the challenge - Abbe D Lowell, Gerald Krovatin and Norm Eisen - said the decision showed that “President Trump cannot usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions.”

They pledged to continue contesting what they called “President Trump’s unlawful appointments of purported US attorneys.”

The case could become the first of its kind to reach the Supreme Court, though a similar dispute in Virginia involving US attorney Lindsey Halligan may advance quickly. A federal judge there also found Halligan’s appointment unlawful last week, and the justice department plans to appeal.

Habba, 41, previously represented Donald Trump in civil matters and was active in his 2024 campaign. She had no criminal law experience when Trump named her to a 120-day interim term. Her permanent nomination stalled due to opposition from New Jersey’s Democratic senators Cory Booker and Andy Kim.

In July, district judges declined to extend her tenure and appointed veteran prosecutor Desiree Leigh Grace instead - prompting attorney general Pam Bondi to dismiss Grace and reinstate Habba through a series of unusual administrative steps.

The appeals court found each of those steps invalid. It rejected the administration’s claim that Habba could automatically ascend to acting US attorney as “first assistant,” and deemed her simultaneous designation as a “special attorney” “plainly prohibited.” The decision affirms a ruling by chief judge Matthew W. Brann, who concluded Habba had lacked authority since July 1.

This marks the second major legal blow for Habba and Trump in a week. Days earlier, the 11th circuit upheld nearly $1 million in sanctions imposed on them for filing “frivolous” lawsuits against several Trump critics, including Hillary Clinton and former FBI director James Comey.