An appellate court ruled on Monday that Alina Habba is illegally serving as New Jersey’s U.S. attorney, delivering a setback for President Donald Trump’s efforts to maintain control over federal prosecutors in Democratic-leaning states. A three-judge panel of the U.S. Court of Appeals for the 3rd Circuit unanimously upheld a lower court’s decision to disqualify Habba, who previously served as Trump’s personal defense attorney. The judges criticized the administration’s approach, saying it “effectively [allow] anyone to fill the U.S. Attorney role indefinitely” and raised concerns about potential constitutional violations. The administration can request a rehearing from the full circuit or appeal to the Supreme Court.
Habba’s appointment has faced scrutiny due to claims that Trump bypassed the Senate and exploited loopholes in federal vacancy laws to keep favored prosecutors in office. The lawsuit against Habba is the most advanced among several similar cases, including temporary U.S. attorneys Lindsey Halligan in Virginia and Bill Essayli in California, who also face legal challenges. During oral arguments, judges questioned whether the administration’s actions circumvented the Constitution’s Appointments Clause, despite DOJ lawyer Henry Whitaker’s assertion that the process complied with overlapping statutory mechanisms.
Habba’s inability to secure Senate confirmation, blocked by New Jersey Democrats Cory Booker and Andy Kim, highlights longstanding tensions over the blue slip tradition. Trump has criticized this precedent, which gives home-state senators veto power over U.S. attorney and district judge nominations, leading to a stalemate in confirming his preferred candidates in blue states.