Appeals Court Disqualifies former Trump Lawyer Alina Habba as New Jersey’s Top Federal Prosecutor

Alina Habba, a former personal attorney to President Donald Trump, has been unlawfully serving as New Jersey’s top federal prosecutor for months, an appeals court panel unanimously ruled Monday. 

The three-judge panel for the Third Circuit Court of Appeals upheld a lower court ruling finding that Habba was not lawfully appointed as acting U.S. Attorney for New Jersey and disqualifying her from exercising the functions of that office.

The ruling deals a serious blow to Trump and Attorney General Pam Bondi’s attempts to place loyalists at the helm of key U.S. attorney offices in various temporary positions.

The appeals court panel, composed of two judges appointed by former President George W. Bush and another appointed by former President Barack Obama, said a district court was correct in determining that Trump and Bondi circumvented vacancy laws and the Senate confirmation process to keep Habba as New Jersey’s top federal prosecutor.

“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Circuit Judge Michael Fisher, one of the Bush appointees, wrote.

The panel’s ruling stemmed from the prosecutions of two men accused of drug and gun charges in New Jersey who challenged Habba’s authority, claiming she was unlawfully appointed.

Shortly after her appointment earlier this year, Habba said she planned to use the traditionally nonpartisan role to influence New Jersey’s political alignment.

“We could turn New Jersey red. I really do believe that,” Habba said. “Hopefully while I’m there, I can help that cause.”

Like many of Trump’s acting U.S. attorneys, Habba used her role to go after the president’s political enemies. She opened an investigation into New Jersey Gov. Phil Murphy and state Attorney General Matt Platkin and brought charges against Newark Mayor Ras Baraka and Rep. LaMonica McIver (N.J.) — all Democrats.

In August, District Court Judge Matthew Brann, appointed by Obama, determined that Habba’s appointment was unlawful, but stayed his ruling indefinitely. 

Brann’s ruling came weeks after a panel of federal judges blocked Habba from continuing as U.S. attorney for New Jersey after her 120-day term ended. 

In a stunning display of executive defiance, Bondi then fired the official who was set to automatically replace Habba and named Habba in her place — effectively replacing Habba with herself.

Fisher Monday said that maneuver was illegal. He also said Bondi’s attempt to give Habba all the powers of a U.S. attorney by naming her a special attorney also violated the law.

The ruling has implications for several of Trump’s temporary U.S. attorney appointments. 

In addition to Habba, judges have also determined that Trump loyalists Bill Essayli and Sigal Chattah have been unlawfully leading U.S. Attorney’s Offices for the Central District of California and the District of Nevada, respectively.

Last week, a federal judge dismissed charges against former FBI Director James Comey and New York Attorney General Letitia James after finding that Lindsey Halligan, a former Trump attorney who was hand-selected to bring charges against them, was unlawfully appointed as well.

This story has been updated with additional details throughout.