A federal appeals court on Monday upheld a lower court ruling disqualifying Alina Habba from serving as acting U.S. attorney for the District of New Jersey, dealing a significant setback to the Trump administration’s effort to keep her in the position.
In a 32-page opinion, a three-judge panel of the 3rd U.S. Circuit Court of Appeals affirmed that Habba’s appointment was not lawful under federal rules governing interim U.S. attorneys. The judges noted the administration had faced “legal and political barriers” in securing Senate confirmation for its preferred nominees but emphasized the need for stability and clarity within the U.S. Attorney’s Office.
“We will affirm the District Court’s disqualification order,” the panel wrote.
Habba, a former personal attorney to President Donald Trump, was appointed interim U.S. attorney in March. Her 120-day term expired in July, prompting federal judges in New Jersey to appoint a career prosecutor as her replacement, as permitted under federal law. The administration then removed that appointee and reinstated Habba as acting U.S. attorney, triggering a series of legal challenges from defendants who argued she lacked authority to prosecute their cases.
The Justice Department argued Habba could legally continue serving under a statute allowing first assistants to assume the role. The appeals court rejected that interpretation.
The ruling follows similar concerns raised in other states about interim appointments made by the Trump administration. Last week, a federal judge in Virginia dismissed several cases after determining the acting U.S. attorney there had been improperly installed.
Neither the Justice Department nor the U.S. Attorney’s Office in New Jersey immediately commented on Monday’s decision.
The case now returns to the lower court, where questions remain over the validity of actions Habba took after her interim term expired.