Appeals Court Strikes Down Alina Habba’s Appointment as Acting U.S. Attorney, Citing Unlawful Bypass of Confirmation Process

A federal appeals court has ruled that Alina Habba, former personal attorney to President Donald Trump, was unlawfully appointed as the Acting U.S. Attorney for the District of New Jersey. The unanimous decision by the 3rd U.S. Circuit Court of Appeals upheld a prior ruling that the Trump administration violated federal appointments laws by attempting to bypass Senate confirmation processes.

In its opinion, the court stated, “It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place.” The judges emphasized the need for clarity and stability in such high-profile federal positions, noting that the administration’s efforts to install Habba reflected broader challenges in legally appointing preferred candidates. ([apnews.com](https://apnews.com/article/5cb7573a91ac776e3914afd584e814bf?utm_source=openai))

Habba, who lacked prior prosecutorial experience, faced legal and political controversy during her interim tenure. Her appointment was challenged after district court judges declined to extend her term and instead appointed her deputy, Desiree Grace. The Justice Department later fired Grace to reinstate Habba, a move that the appellate court found unlawful. ([reuters.com](https://www.reuters.com/world/us-appeals-court-disqualifies-trump-ally-habba-us-attorney-2025-12-01/?utm_source=openai))

This ruling could affect numerous federal cases in New Jersey and complicates the administration’s broader attempts to appoint interim U.S. attorneys without Senate oversight. Similar appointments have recently been invalidated in California, Nevada, and Virginia. The Justice Department has yet to comment and may appeal the decision to the Supreme Court. ([reuters.com](https://www.reuters.com/world/us-appeals-court-disqualifies-trump-ally-habba-us-attorney-2025-12-01/?utm_source=openai))

For further context, a video report detailing the court’s decision and its implications is available below: