Appeals court says former Trump lawyer Alina Habba is disqualified as NJ attorney
A federal court has ruled that Alina Habba’s appointment as the top dog at the New Jersey U.S. Attorney’s Office was unlawful
by Summer Lane | December 1, 2025
A federal court of appeals has ruled that Alina Habba, a former attorney for President Donald Trump, is not eligible to hold the office of U.S. Attorney for New Jersey, in a surprising ruling that could have consequences for similar appointments.
According to the court’s ruling, Habba is not the acting U.S. Attorney for New Jersey based on laws relating to the Federal Vacancies Reform Act (FVRA).
According to the court:
“Habba is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant U.S. Attorney because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the FVRA. Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney.”
In other words, Habba’s disqualification is based upon the court’s decision that her appointment was not in compliance with the FVRA.
“Under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely,” the court noted. “This view is so broad that it bypasses the constitutional PAS process entirely.”
Per Roll Call, Habba’s appointment as the interim attorney bypassed the usual Senate nomination process and was slated to expire in just 120 days. Habba would have been replaced with Desiree Grace, a court-appointed replacement (and First Assistant U.S. Attorney), but the Department of Justice acted swiftly to fire her instead.
“This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers,” said Attorney General Pam Bondi in July, upon the firing.
This is not the first appointment of President Trump’s that has been challenged. Last week, the high-profile cases against New York State Attorney General Letitia James and former FBI Director James Comey were dismissed, based upon the court’s assessment that the special prosecutor, Lindsey Halligan, was illegally appointed.
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