Here’s why an appeals court upheld disqualifying Alina Habba as New Jersey’s U.S. attorney

A federal appeals court upheld a lower court’s decision to disqualify Alina Habba as the U.S. Attorney for New Jersey.

Habba previously served as President Donald Trump’s personal attorney and 2024 presidential campaign advisor. The current Trump administration appointed Habba to the U.S. Attorney role but used unusual avenues to do so, raising questions about whether Habba was lawfully in that position. 

In July, two people Habba prosecuted for drug trafficking and firearm charges filed a motion to dismiss their indictments, arguing that Habba’s appointment was unlawful. While the indictments weren’t dismissed, Judge Matthew W. Brann, chief judge of the United States District Court for the Middle District of Pennsylvania, concluded in August that Habba was serving without legal authority, a decision the federal government appealed.

On Dec. 1, the 3rd U.S. Circuit Court of Appeals, a three-judge panel, said the Trump administration did not follow the law and bypassed traditional measures for U.S. attorneys, such as having previous experience in the criminal justice system, being confirmed by the Senate or being appointed by district trial court judges. 

“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” wrote Judge D. Michael Fisher, in the 32-page opinion. “Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced — yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”

On Jan. 8, the presidentially appointed and Senate-confirmed U.S. Attorney for the District of New Jersey, Phillip R. Sellinger, resigned. Following protocol, the First Assistant U.S. Attorney Vikas Khanna automatically took over as acting U.S. Attorney for New Jersey. Then on March 3, Attorney General Pam Bondi appointed John Giordano as Interim U.S. Attorney for New Jersey. Giordano later resigned and Habba replaced him, and was sworn in on March 28.

The court says Trump nominated Habba for the permanent role June 30, but the Senate never acted on the nomination. Since Habba’s role was temporary, it expired after 120 days. In July, the U.S. District Court for the District of New Jersey issued an order to make the First Assistant U.S. Attorney at the time, Desiree Grace, the Interim U.S. Attorney. This led Bondi to fire Grace and to give the appointment of “Special Attorney” to the Attorney General to Habba, which also designated her as First Assistant U.S. Attorney, automatically making her acting U.S. Attorney.