A federal appeals court threw a wrench into one of the Trump administration’s legal strategies.
On Monday, the 3rd U.S. Circuit Court of Appeals disqualified President Trump’s former personal attorney Alina Habba from serving as U.S. Attorney for New Jersey. The role oversees some of the state’s most consequential federal cases, including public corruption, financial crimes and organized crime prosecutions.
Habba served as interim U.S. Attorney from March until July, when a federal court declined to extend her term. After that decision, Attorney General Pam Bondi—also a former attorney for the president—appointed Habba to a new post as special attorney. This designation would have allowed her to continue handling federal matters without Senate confirmation.
But on August 21, a federal judge blocked the move, ruling that Habba had been acting without legal authority for roughly two months. As a result, actions she took after July 1—such as indictments or filings—could potentially be challenged or voided in court.
During Monday’s hearing, a three-judge panel unanimously upheld the August 21 ruling and issued a 32-page opinion.
It’s the latest decision preventing Habba from serving as New Jersey’s top federal prosecutor and blocking the administration’s effort to install preferred candidates without the standard approval process or oversight.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Circuit Judge D. Michael Fisher wrote. “Yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”
The three-judge panel included two George W. Bush nominees, D. Michael Fisher and D. Brooks Smith, and one Barack Obama nominee, L. Felipe Restrepo.
Abbe Lowell and Gerald Krovatin—two of the attorneys who challenged Habba’s appointment—argued that the decision reaffirms that President Trump cannot bypass constitutional requirements to quickly appoint preferred candidates.
The ruling now forces the administration to either nominate a new candidate through the legal confirmation process or pursue further appeal.
The New Jersey Digest is a new jersey magazine that has chronicled daily life in the Garden State for over 10 years.