Trump’s plan to keep his former lawyer as N.J.’s prosecutor just backfired
Former President Trump’s efforts to keep his longtime attorney, Alina Habba, as New Jersey’s U.S. Attorney, suffered a big setback. A federal appeals court determined that Habba cannot continue in the important job, a major legal and political setback for the administration’s appointment strategy.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia made the ruling after a lower court raised questions about Habba’s appointment. The courts concluded that the mechanism utilized to maintain her in office violated federal law and affirmed the disqualification finding.
The judges wrote in their lengthy judgment that New Jersey residents and U.S. Attorney’s Office workers need consistency and clarity during leadership transitions. They highlighted that the administration’s attempt to keep Habba as acting U.S. attorney after her temporary term expired caused ambiguity and stretched federal appointment requirements.
The verdict follows the Trump administration’s relentless pursuit of its favored federal candidates despite challenges, expired timetables, and a lack of Senate confirmation. Habba, who represented Trump in significant criminal and civil matters, was named interim U.S. attorney earlier this year but completed her 120-day tenure without Senate approval.
Habba publicly said that her action was part of a larger effort to safeguard Senate hearing-challenged candidates. The appeals court’s judgment casts doubt on her official acts from July, when her interim position expired. A lower court had warned that some of her decisions could be overturned, but the appeal was pending.
There are other appointment disputes facing the Trump administration. In Virginia, a court dropped high-profile criminal charges after finding that another acting prosecutor was unlawfully placed. Nevada federal judges have also blocked questionable appointments.
Habba became more controversial in New Jersey after pursuing politically heated prosecutions involving Democratic politicians. After his visit to a federal detention facility, she charged Newark Mayor Ras Baraka with trespassing, which was dropped. She charged Rep. LaMonica McIver with unusual federal assault, who denied it. The case is ongoing.
In July, New Jersey Democratic senators Cory Booker and Andy Kim announced they would not support her nomination, increasing her uncertainty. Federal judges in the state then appointed a career prosecutor to replace her. The administration removed that appointee and reinstalled Habba, claiming the judges acted too soon. The Justice Department countered that Trump could enforce federal law through his leadership.
Despite these attempts, the appeals court has ruled that the administration’s workaround violated federal appointment requirements, ending Habba’s role. The verdict solidifies legal boundaries for temporary federal appointments and ends months of political and legal maneuvering in one of the nation’s most powerful U.S. Attorney offices.
