Philadelphia, PA — A federal appeals court is set to decide whether Alina Habba, President Donald Trump’s former attorney, was unlawfully appointed as the U.S. Attorney for New Jersey earlier this year.
The 3rd Circuit Court of Appeals will hear oral arguments in Philadelphia on Monday following a lower court ruling that questioned the legality of Habba’s appointment. The judge in that case said her installation was the result of a “novel series of legal and personnel moves” that may have violated federal appointment laws.
Lower Court Questioned Habba’s Legitimacy
U.S. District Judge Matthew Brann ruled in August that Habba was not lawfully serving in her role and that her prosecutorial actions since July could be declared void. However, Brann temporarily stayed his own order to allow the Justice Department time to appeal the decision.
The Justice Department argues that Habba’s appointment complies with federal law, noting that she previously served as first assistant attorney, a position authorized by statute to assume acting leadership duties.
Political Tensions and Parallel Cases
A similar legal dispute is unfolding in Nevada, where another Trump-era appointee was disqualified from serving as U.S. attorney under comparable circumstances.
Habba’s situation drew heightened scrutiny due to her previous political activities and close relationship with Trump, for whom she served as both personal attorney and White House adviser before being named a federal prosecutor in March.
Shortly after taking office, Habba made public comments about wanting to “turn New Jersey red” — remarks that broke from traditional prosecutorial neutrality and prompted criticism from legal observers.
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High-Profile and Controversial Cases
Habba’s tenure has been marked by unusual prosecutions, including a trespassing charge against Newark Mayor Ras Baraka, later dropped, and an assault charge against Democratic U.S. Rep. LaMonica McIver stemming from the same incident.
McIver has denied the allegations and pleaded not guilty; the case remains ongoing.
These actions fueled debate over whether Habba was using her office for politically motivated prosecutions, intensifying scrutiny over her legitimacy.
Appointment Dispute Escalates
In July, as Habba’s temporary appointment expired, New Jersey’s federal judges sought to replace her with her deputy, a career prosecutor, citing procedural requirements. However, Attorney General Pam Bondi intervened, firing the judges’ appointee and reinstating Habba as acting U.S. attorney — a move that the Justice Department justified as presidential authority.
Judge Brann disagreed, ruling that even presidential appointments are subject to statutory time limits and power-sharing provisions under the Federal Vacancies Reform Act.
What Comes Next
The outcome of the 3rd Circuit hearing could determine whether Habba’s actions as U.S. attorney remain legally valid — including prosecutions and federal cases initiated under her leadership.
A decision invalidating her appointment could throw multiple ongoing cases into uncertainty and create new legal and political challenges for the Trump administration’s Justice Department.
