Appeals Court Upholds Ruling That Disqualified Alina Habba as U.S. Attorney
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Topline An appeals court on Monday upheld the ruling that Alina Habba, President Donald Trump’s former personal attorney, was unlawfully appointed as U.S. Attorney for New Jersey, a setback after the Trump administration fought to keep her in the role. A district court previously found Habba was unlawfully appointed U.S. Attorney for New Jersey. Getty Images Key Facts Habba was named acting U.S. attorney for New Jersey in March, but her temporary status ended in July, prompting the Trump administration to use a legal maneuver to keep her in place by appointing her second-in-command at the office and firing the interim attorney appointed by a panel of judges. A lower court ruled Habba’s appointment was unlawful in August, but the Department of Justice appealed the ruling. The Third Circuit Court of Appeals supported the lower court on Monday, ruling “only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office.” The court also noted Habba was disqualified from serving as an acting U.S. attorney because she was already nominated for the vacant U.S. attorney seat—although the Trump administration withdrew her nomination in July. Monday’s ruling also states Attorney General Pam Bondi cannot delegate all the powers of a U.S. attorney to Habba, as the Federal Vacancies Reform Act, the law that governs how temporary political appointees function, is the “exclusive means” for authorizing a temporary official. Crucial Quote “Where a vacancy exists, Congress has shown a strong preference that an acting officer be someone with a breadth of experience to properly lead the office,” Senior Circuit Court Judge D. Michael Fisher wrote in the ruling on Monday. Before her nomination, Habba was Trump’s personal attorney, and had never worked as a prosecutor before her appointment. “It is apparent that the…
Filed under: News - @ December 1, 2025 5:23 pm