Appeals court disqualifies former Trump lawyer Alina Habba from New Jersey prosecutor role

PHILADELPHIA, PENNSYLVANIA: A federal appeals court ruled on Monday, December 1, that Alina Habba is disqualified from serving as the top federal prosecutor in New Jersey.

The decision by the 3rd US Circuit Court of Appeals affirms a lower court order, creating a significant roadblock for the Trump administration's efforts to keep the president's former personal attorney in the powerful position without Senate confirmation.

Court ruling exposes battle over appointment authority

The ruling stems from a complex dispute over executive power and interim appointments.

While the court sided with the lower ruling, the judges acknowledged in their 32-page opinion that the White House has faced significant "legal and political barriers" in getting its preferred appointees confirmed.

"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 court wrote.

The judges noted that while the administration's struggle to elevate Habba demonstrates these difficulties, the employees of the US Attorney’s Office deserve "clarity and stability."

Pam Bondi intervened to reinstate Alina Habba amid pushback 

Attorney General Pam Bondi had previously intervened to keep Habba in the role after local judges attempted to replace her with a career prosecutor earlier this year.

Bondi fired the court-appointed replacement and reinstated Habba, a move the Justice Department argued was necessary to ensure the president had his chosen envoy enforcing federal laws.

Government lawyers argued that Habba was validly serving under a federal statute allowing the first assistant attorney to step in, a post she was appointed to by the Trump administration.

However, the appellate panel, consisting of two judges appointed by George W Bush and one by Barack Obama, rejected this interpretation.

Habba, who was present for oral arguments in October, later stated on X that she was fighting on behalf of other candidates who had been denied a chance for a Senate hearing due to political opposition.

Disqualification of Alina Habba may weaken cases in federal court

Habba’s tenure as acting US attorney has been marked by aggressive action and a stated desire to align the office with the president's political goals.

Shortly after her initial appointment in March, Habba told a right-wing influencer that she hoped to help "turn New Jersey red," a comment that drew sharp criticism from Democrats but praise from MAGA supporters.

Her office pursued charges against high-profile Democratic figures, including a trespassing charge against Newark Mayor Ras Baraka that was eventually dropped.

More recently, Habba oversaw the indictment of Democratic US Representative LaMonica McIver for assault, a rare federal criminal case against a sitting Congress member.

McIver has pleaded not guilty, and the disqualification of Habba could provide defense lawyers with new ammunition to challenge the legitimacy of the prosecution.