Court Rules Alina Habba Was Installed Illegally as US Attorney
So, let’s talk about this major development involving Alina Habba, the former personal lawyer to Donald Trump, whose appointment as the US attorney for New Jersey has just been declared unlawful by a federal appeals court. It’s a decision that’s sending shockwaves well beyond New Jersey and could reshape how several other federal appointments are handled across the country.
A three-judge panel from the 3rd US Circuit Court of Appeals reviewed the situation and upheld an earlier ruling that the Trump administration had overstepped the law in the way Habba was placed into the role. The judges said the administration relied on a series of procedural maneuvers after it became clear she wouldn’t receive the needed Senate confirmation. According to their unanimous decision, the government’s approach would have effectively allowed Habba to bypass the constitutional requirement of presidential appointment and Senate approval, potentially letting her serve indefinitely without proper oversight. That, the panel emphasized, simply isn’t how the system is meant to operate.
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And the implications don’t stop there. This ruling could directly impact other key jurisdictions where Senate-confirmed US attorneys aren’t currently in place—places like Los Angeles and Las Vegas. Recently, a district court even tossed out two indictments, involving former FBI Director James Comey and New York Attorney General Letitia James, after determining that Lindsey Halligan, another interim appointee, had also been serving unlawfully. Although most criminal cases in affected districts are continuing, some judges have paused trials or sentencings, creating a ripple of uncertainty.
Now, what happens next isn’t entirely clear. The Justice Department could request that the full 3rd Circuit rehear the case or potentially push it to the Supreme Court. For now, no successor for the New Jersey post has been identified, and the government hasn’t yet offered a public comment.
On the other side, the ruling has been celebrated by the legal team representing Julien Giraud Jr., one of the defendants who challenged Habba’s eligibility. His attorney praised the court for reinforcing the importance of congressional limits and the extraordinary power held by US attorneys, describing the decision as both thoughtful and clarifying.
Trump’s lawyers had argued that Habba should have been permitted to serve based on delegated authority, especially after she was named a special attorney by Attorney General Pam Bondi and designated as the first assistant US attorney. But the panel wasn’t persuaded. Interestingly, the judges issuing the ruling were appointed by presidents from both political parties—two by George W. Bush and one by Barack Obama—underscoring the broad constitutional concern at play.
This case highlights just how critical the appointment process is, and how closely it’s being watched, especially when new legal territory is being explored.
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