A federal appeals court ruled that Alina Habba was unlawfully serving as U.S. Attorney in New Jersey after a lengthy legal battle.
Meanwhile, the Trump administration is also fighting to keep Interim U.S. Attorney for the Eastern District of Virginia Lindsey Halligan in her position after another court threw out indictments against former FBI Director James Comey and New York Attorney General Letitia James. The court argued that Halligan was unlawfully appointed to her position.
From The New York Times:
In its ruling, the three-judge panel, based in Philadelphia, affirmed an earlier ruling by a Federal District Court judge, shooting down each of the government’s arguments for why Ms. Habba could continue to serve.
In their opinion, the judges wrote that the Trump administration appeared to have become frustrated by the legal and political barriers that have prevented its preferred U.S. attorneys from leading federal prosecutors’ offices. They added that the maneuvers undertaken to keep Ms. Habba in charge exemplified the difficulties it had faced.
“Yet the citizens of New Jersey and the loyal employees in the U.S. attorney’s office deserve some clarity and stability,” the judges wrote.
Ms. Habba is one of a number of U.S. attorneys whom the Trump administration has kept in power even though she was neither confirmed by the Senate nor appointed by district trial court judges — the two traditional pathways.
The challenge to Ms. Habba’s authority may be the first to reach the Supreme Court, though a similar case involving the U.S. attorney in Virginia, Lindsey Halligan, may be expedited by virtue of being entangled with criminal cases against President Trump’s enemies.
Habba previously represented President Donald Trump in civil cases, but she had no criminal law experience before being appointed in March. Since the Senate did not confirm her, the White House has called her “interim U.S. attorney,” “acting U.S. attorney,” “first assistant U.S. attorney,” and “special attorney.”
However, the court concluded that Habba “does not have the authority to lead the U.S. attorney’s office for the District of New Jersey under any of those titles.”
Habba has not faced a Senate confirmation hearing because both Democratic senators in New Jersey would not allow it.
🚨 BREAKING: In an infuriating development, activist judges have just DISQUALIFIED Alina Habba as U.S. Attorney in New Jersey.
— Eric Daugherty (@EricLDaugh) December 1, 2025
The Senate GOP is making this WORSE by refusing to surge her confirmation past Democrats, letting them stonewall her nomination.
FIX IT, SENATE GOP! pic.twitter.com/ItTat1n5ic
The fight over Habba’s appointment started earlier this year when Trump named her to a 120-day interim term. When Habba’s term expired in July, federal judges selected Desiree Grace to replace her. When an interim U.S. attorney’s term expires, district courts are responsible for appointing the replacement — not the attorney general.
However, Attorney General Pam Bondi fired Grace and shifted Habba to different roles. This led several criminal defendants to challenge the legality of Habba’s position in dismissing the charges against them.
This battle is not over yet, as the Trump administration will likely take this case, along with Halligan’s, to the Supreme Court.