Federal Appeals Court Invalidates Trump's Appointment of Former Personal Lawyer as New Jersey Prosecutor

Alina Habba, appointed as acting US attorney for the District of New Jersey in July 2025, faced a significant legal setback on Monday.

A US appeals court unanimously struck down President Donald Trump's attempt to circumvent the Senate's traditional confirmation process by appointing his former personal attorney to a top federal prosecutor position.

The three-judge panel ruled that Habba, 41, had been serving unlawfully as the US Attorney for the District of New Jersey, marking the second instance within a week where a federal court determined that a Trump-appointed US attorney was improperly installed.

The previous ruling resulted in the dismissal of criminal cases against two of Trump's political adversaries – former FBI director James Comey and New York Attorney General Letitia James.

In that earlier case, District Judge Cameron Currie disqualified Trump appointee Lindsey Halligan from her role as acting US Attorney for the Eastern District of Virginia, subsequently invalidating the indictments she had secured against Comey and James.

Federal prosecutors typically require Senate confirmation. Judge Currie determined that Halligan's appointment violated US law because her predecessor was also serving in an acting capacity, and federal statutes prohibit consecutive interim prosecutors.

Halligan's predecessor, Erik Siebert, resigned after reportedly informing Justice Department leadership that insufficient evidence existed to charge Comey and James.

In Habba's situation, the US Court of Appeals for the Third Circuit upheld a lower court's finding that her appointment violated federal vacancy laws.

The judges stated, "Under the Government's delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto US Attorney indefinitely."

They further noted that this interpretation "is so broad that it bypasses the constitutional (appointment and confirmation) process entirely," adding that such an approach "should raise a red flag."

The Trump Justice Department is anticipated to appeal this ruling to the Supreme Court, which currently has a conservative majority.

The Trump administration's practice of appointing interim US attorneys without Senate confirmation has faced legal challenges in other states as well, including California and Nevada.

The charges against Comey and James emerged after Trump publicly urged Attorney General Pam Bondi to take action against individuals he considers enemies – a departure from the principle that the Justice Department should operate independently from White House influence.

Since beginning his term in January, Trump has implemented several punitive measures against perceived political opponents, including purging government officials deemed disloyal, targeting law firms involved in previous cases against him, and withdrawing federal funding from universities.