Federal court blocks Alina Habba’s role in New Jersey

By 
 December 1, 2025

Well, folks, the judicial hammer has dropped hard on President Trump’s efforts to keep Alina Habba as U.S. attorney for the District of New Jersey.

According to The Hill, in a unanimous ruling, a federal appeals court panel on the U.S. Court of Appeals for the 3rd Circuit upheld her disqualification, slamming the door on the administration’s attempts to retain her through legal workarounds.

Let’s rewind to the beginning of this legal saga. Habba, previously Trump’s personal lawyer in high-profile civil cases like the New York fraud suit, hit a wall when her 120-day interim term as U.S. attorney in New Jersey expired in July.

Court Rejects Interim Appointment Extension

Federal judges in New Jersey refused to extend Habba’s interim position, instead appointing her first assistant as acting U.S. attorney. The Trump administration, however, wasn’t ready to concede so easily.

Attorney General Pam Bondi intervened, firing the judges’ appointee while Trump withdrew Habba’s formal nomination. In a calculated move, Habba was then reappointed as both first assistant and special attorney, maintaining her powers as acting U.S. attorney.

The Justice Department defended this as perfectly legal, claiming Congress allows the executive branch flexibility to fill vacancies with carefully timed actions. The appeals court, however, saw through this argument like a glass window.

Legal Maneuvers Deemed Unlawful by Panel

The three-judge panel ruled that these tactics clearly violated federal law governing temporary U.S. attorney appointments. They emphasized that withdrawing a nomination doesn’t undo the legal reality of its initial submission.

Judge D. Michael Fisher put it plainly, stating, “It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place.” While frustration over bureaucratic roadblocks is relatable, skirting the law isn’t the answer.

The court also barred Habba from serving in any “acting” capacity, delivering a sharp rebuke to the administration’s strategy. This ruling isn’t just a technicality; it’s a reminder that judicial oversight isn’t swayed by political loyalty.

Defendants Challenge Habba’s Legitimacy Successfully

This legal battle ignited when two defendants facing federal drug trafficking charges in New Jersey questioned Habba’s authority after her interim term ended. Their challenge struck a chord with the court, setting a significant precedent.

The defendants’ attorneys, Abbe Lowell, Gerald Krovatin, and Norm Eisen, hailed the ruling as historic, declaring Trump may not “usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions.” Admirable as the administration’s persistence may be, the law isn’t a playground for political gamesmanship.

Habba’s short stint wasn’t without drama, as two Democratic officials faced criminal charges linked to an ICE facility incident under her oversight. Some might see this as fulfilling her duty, while others smell partisan motives in today’s polarized environment.

Broader Implications for Trump’s Appointments

Habba isn’t alone in facing disqualification; other Trump interim U.S. attorneys like Sigal Chattah in Nevada, Bill Essayli in California, and Lindsey Halligan in Virginia have also been removed. Halligan’s exit even led to dismissed cases against notable figures like James Comey.

Opposition from New Jersey’s Democratic Sens. Cory Booker and Andy Kim, leveraging their blue slip veto power, made Habba’s Senate confirmation a long shot from the start. It’s a stark reminder of how political gridlock can stall even the most determined agendas.

For now, the appeals court has paused its decision, allowing the Justice Department a window to appeal further. Whether this is a fleeting hurdle or a lasting barrier for the administration’s appointment plans, the struggle for control over these key roles continues unabated.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson