Appeals court rules Trump's former lawyer Alina Habba unlawfully serving as US attorney for New Jersey

The Third Circuit ruled Dec. 1, 2025 that Alina Habba's appointment as Acting U.S. Attorney for 🏖️New Jersey violated the Federal Vacancies Reform Act. The panel found Trump used a scheme. He briefly removed her. Then he immediately redesignated her. That reset the statutory clock. Her 120-day term expired Apr. 28, 2025. The court voided all her actions during the second appointment.

Habba had zero prosecutorial experience. She's a personal injury and insurance defense lawyer. She defended Trump in his 🗽New York civil fraud trial. He got a $454 million judgment. She defended him in E. Jean Carroll defamation cases. He got $83.3 million liability. Legal experts warned her lack of criminal law experience made her unqualified. She leads one of the nation's busiest U.S. Attorney offices. It handles organized crime. Public corruption. National security cases.

Trump tried permanent appointment. He hit the blue slip tradition. Since 1917 home-state senators can block U.S. Attorney nominees. They withhold approval. 🏖️New Jersey senators Cory Booker and AKAndy Kim refused. Senate Judiciary wouldn't hold hearings. Trump had to rely on the FVRA's 120-day temporary authority.

The FVRA from 1998 explicitly bars what Trump attempted. Once an acting official's 120-day term expires the position stays vacant. It stays vacant until Senate confirmation. No one can serve as acting official twice for the same vacancy. Congress designed this to stop presidents. To stop them installing unconfirmed loyalists indefinitely. The Supreme Court reinforced this in NLRB v. SW General Resources in 2017. Acting officials lose authority when FVRA limits expire.

Article II, Section 2 requires Senate confirmation for principal officers. It prevents presidents stacking government with personal allies. Hamilton wrote in Federalist No. 76 that Senate confirmation would be an excellent check upon favoritism. It would prevent unfit characters. U.S. Attorneys decide who gets prosecuted. What charges to bring. Whether to pursue politically sensitive cases.

Habba wasn't alone. Trump installed at least three other acting U.S. Attorneys via FVRA workarounds. Bill Essayli in Central 🌴California. Sigal Chattah in 🎰Nevada. Todd Halligan in 🏔️Colorado. Career prosecutors resigned in protest. The 🏛️D.C. Circuit and Ninth Circuit also ruled against Trump's appointments. Appeals courts created consensus. His strategy violated law.

Every indictment Habba approved lacks legal authority. Every plea deal she signed. Every case her office prosecuted during her void second appointment. Defense attorneys immediately moved to dismiss cases. To overturn convictions. DOJ now faces re-filing charges. Re-negotiating pleas. Defending appeals. All while the 🏖️New Jersey position remains vacant. With no confirmed appointee.