A US federal appeals court ruled that Alina Habba, former personal attorney to President Donald Trump, was unlawfully appointed as Acting US Attorney for the District of New Jersey. This is the second ruling in a week rejecting Trump’s attempts to install interim federal prosecutors without Senate confirmation.
The three-judge panel of the US Court of Appeals for the Third Circuit unanimously upheld a lower court ruling that Habba’s appointment violated federal laws on appointing US attorneys.
The court said the Justice Department’s justification for Habba’s appointment tried to bypass required constitutional procedures.
“Under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation,” the judges wrote, calling the argument “so broad” that it effectively sidestepped the Constitution’s appointment process.
Habba, 41, was named acting US attorney in July 2025.
The ruling follows a similar decision last week, when a federal judge disqualified Lindsey Halligan, Trump’s pick for Acting US Attorney for the Eastern District of Virginia. That decision led to the dismissal of criminal indictments against two of Trump’s longtime critics: former FBI Director James Comey and New York Attorney General Letitia James.
Judge Cameron Currie found Halligan’s appointment unlawful because US law does not allow two successive interim US attorneys without Senate confirmation. Halligan’s predecessor, Erik Siebert, reportedly declined to bring charges, citing lack of evidence.
The Justice Department under Trump is expected to appeal the Habba ruling to the US Supreme Court, which has a conservative majority.
Legal challenges have also been filed against the administration’s interim prosecutor appointments in California and Nevada, raising questions about attempts to circumvent the Senate confirmation process.
Critics say the rulings highlight concerns about political interference in the Justice Department. The indictments against Comey and James came shortly after Trump publicly urged Attorney General Pam Bondi to pursue action against individuals he labeled “enemies.”
Since taking office in January, President Trump has faced scrutiny for allegedly using federal agencies to target political opponents, dismiss officials he considers disloyal, pressure law firms, and withdraw funding from institutions he believes are hostile.
