Appeals Court Disqualifies Alina Habba as Acting U.S. Attorney for New Jersey

A federal appeals court has disqualified Alina Habba, former personal lawyer to President Donald Trump, from serving as the acting U.S. Attorney for the District of New Jersey. The Third U.S. Circuit Court of Appeals, based in Philadelphia, upheld a lower court's ruling, concluding that her appointment did not comply with federal vacancy regulations. This decision marks a significant development in a contentious appointment process.

The court's 32-page opinion stated, "It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place." The ruling specifically cited violations of the Federal Vacancies Reform Act of 1998 (FVRA). According to the court, Habba was ineligible because she was not the First Assistant U.S. Attorney when the vacancy arose, and her subsequent nomination for the permanent role triggered the FVRA's "nomination bar," which prohibits a nominee from simultaneously serving as the acting officer.

President Trump had initially appointed Habba to an interim capacity in March 2025. Her nomination for the permanent position was later withdrawn in July 2025, a maneuver intended to allow her to continue serving in an acting role without Senate confirmation. However, this "legal workaround" was challenged by defendants in criminal cases who argued her authority was unlawful after her 120-day interim term expired.

The appeals court's decision affirms an August ruling by a lower court judge who found Habba's appointment to be an unlawful "novel series of legal and personnel moves." Habba's tenure had also drawn criticism for alleged politicization of the U.S. Attorney's office, including aggressive prosecutions of New Jersey Democrats. The Third Circuit's ruling provides clarity and stability for the federal prosecutor's office in New Jersey.