Appeals Court Bars Alina Habba From Leading New Jersey U.S. Attorney Office

A federal appeals court on Monday unanimously determined that Alina Habba, a former personal lawyer to Donald Trump, was improperly installed as the acting U.S. attorney for the District of New Jersey and ordered that she be disqualified from supervising federal prosecutions in the district. The three judge panel of the U.S. Court of Appeals for the Third Circuit affirmed a December 2024 ruling by U.S. District Judge Matthew Brann that the appointment ran afoul of the Federal Vacancies Reform Act.

The decision leaves the New Jersey U.S. attorney office without the official who had been overseeing a range of sensitive matters, and it raises immediate questions about the continuity of investigations and pending prosecutions. Court watchers and criminal practitioners said the practical effect will be to prompt rapid internal reassignments and administrative measures to ensure no lapse in case management, while litigants and defendants weigh potential consequences for earlier actions taken under Habba's supervision.

The Federal Vacancies Reform Act governs temporary fills of certain executive branch posts and restricts who may serve in an acting capacity and for how long. Judge Brann concluded that the process used to elevate Habba did not comply with those statutory limits, a conclusion the appeals court accepted in its unanimous ruling. The Third Circuit remanded the case to the district court for further proceedings consistent with its opinion, signaling additional litigation over the scope of relief may follow.

The ruling is the latest in a string of judicial decisions that have scrutinized efforts by administrations to place politically aligned individuals in senior Justice Department roles. Legal analysts said the decision underscores persistent tensions between the executive branch prerogative to manage federal offices and statutory safeguards intended to preserve impartiality and orderly succession within the justice system.

For the Justice Department and local federal prosecutors in New Jersey, the ruling means an immediate leadership hole that must be filled through lawful channels. Career prosecutors generally assume day to day oversight when political appointees are unavailable, but the court decision complicates longer term planning. The office will need either a properly appointed acting leader who meets the FVRA criteria or a Senate confirmed nominee, a process that can be time consuming and politically fraught.

Beyond administrative disruption, the case has broader implications for public trust in the impartial administration of justice. Habba's prior role as a personal lawyer to a former president colored public perceptions of her appointment, and the court decision highlights the legal limits on using temporary appointments to circumvent standard confirmation processes.

The Justice Department may seek further review, potentially requesting an en banc rehearing in the Third Circuit or appealing to the Supreme Court. Meanwhile, federal prosecutors in New Jersey must proceed with caution as the office reorganizes its leadership and ensures adherence to the statutory framework the appeals court found decisive.