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Appeals Court Upholds Disqualification of Alina Habba as New Jersey's Top Federal Prosecutor

2025-12-01

The BareStory

A federal appeals court on Monday unanimously upheld a lower court decision disqualifying Alina Habba from serving as the acting U.S. attorney for New Jersey. The three-judge panel for the 3rd U.S. Circuit Court of Appeals ruled that Habba's appointment violated the Federal Vacancies Reform Act (FVRA).

The legal challenge stemmed from defendants in criminal cases who argued Habba, a former personal lawyer for President Donald Trump, was serving without lawful authority. After Trump nominated Habba for the permanent role, she was not confirmed by the Senate. Summaries indicate that when her initial temporary appointment was set to expire, the administration withdrew her nomination and appointed her as First Assistant U.S. Attorney, a move intended to allow her to assume the top prosecutor role.

In its opinion, the court stated that the administration’s legal argument would permit it to bypass the constitutional process of presidential appointment and Senate confirmation, allowing an appointee to serve indefinitely. The court also found that because Habba had been nominated for the position, the FVRA prevented her from assuming the role in an acting capacity.

This is the first time a federal appeals court has ruled on the administration’s method for installing interim U.S. attorneys. A lawyer for the challengers, Abbe Lowell, said the decision affirms that the president cannot bypass established processes for such appointments. The court did not dismiss the underlying criminal charges against the individuals who challenged Habba’s appointment. The ruling follows a separate decision last week in which a federal judge found another interim U.S. attorney, Lindsey Halligan, was unlawfully appointed in Virginia, leading to the dismissal of charges in that case.

Left Perspective

  • The appointment process violated federal law.
  • The administration was seen as bypassing the confirmation process.
  • Habba was specifically barred from serving in an acting capacity.

Right Perspective

  • The administration used a multi-step process to install its appointee.
  • The legal basis for the appointment was challenged in court.
  • The court's ruling follows a similar finding in another district.

How it may affect me

As a U.S. reader:

• This ruling sets a precedent that limits a president’s ability to bypass Senate confirmation for U.S. attorneys, affecting how future administrations can fill these posts.

• The legal standing of some federal criminal cases is now uncertain. A similar unlawful appointment led to dismissed charges in Virginia, though they were not dismissed here.

• More legal challenges may arise in cases prosecuted by interim U.S. attorneys who were appointed using a similar process, potentially delaying or altering case outcomes.

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