A recent ruling from a U.S. appeals court has declared that Alina Habba, former personal lawyer for Donald Trump, was unlawfully functioning as the top federal prosecutor for New Jersey. This decision could impact many ongoing criminal cases in the state.
Habba was appointed by Trump earlier this year, but her nomination was blocked by a district court. Instead, she was placed in an acting role, which the appellate judges ruled sidestepped the necessary Senate confirmation process. They found this move violated the Federal Vacancies Reform Act. Habba is now the second Trump-appointed prosecutor to be disqualified in a short period.
Judge Michael Fisher, one of the appellate judges, noted the frustration within the current administration regarding legal hurdles for appointing officials. This ruling is significant; it marks a rare instance where an appeals court has stated that the President can’t bypass established statutes to appoint individuals as he wishes.
Three lawyers who opposed Habba’s role—Abbe David Lowell, Gerry Krovatin, and Norm Eisen—celebrated the decision, emphasizing its importance in upholding legal processes surrounding appointments. They vowed to continue challenging what they see as unlawful appointments made by Trump.
Habba, who joined Trump’s team in 2021, previously represented him in legal battles, including a recent conviction involving falsifying business records. Following her disqualification, the Justice Department will need to find a new prosecutor for federal cases in New Jersey.
This ruling isn’t an isolated incident. Just last week, a federal judge dismissed cases involving former FBI Director James Comey and New York Attorney General Letitia James, citing the same issues with the appointment of an interim U.S. attorney in Virginia. Notably, Bill Essayli, the acting U.S. attorney for Southern California, was also disqualified, although he remains as first assistant U.S. attorney.
These events reflect ongoing tensions in the judicial system, especially around how appointments are handled. Legal experts suggest that these rulings reinforce the importance of following constitutional protocols in government appointments and could have lasting effects on how future administrations approach such roles.
For further details on court decisions regarding federal appointments, you can refer to reports from CBS News.
















