Alina Habba Booted From NJ AG Post as Judges Uphold ‘Disqualification’ Ruling

(Pool via AP)

A federal appeals court upheld a lower court decision Monday to bar President Donald Trump’s former personal lawyer Alina Habba from serving as New Jersey’s top federal prosecutor.

The unanimous 3-0 ruling by the Third Circuit Court of Appeals, delivered by a panel made up of two Bush-era judges and one Biden appointee, cemented a months-long confrontation between the Trump administration and the state’s federal judiciary in a bid to put Habba in charge of the state’s U.S. attorney’s office.

Habba, whose surprise elevation from “counselor to the president” to acting U.S. attorney ignited immediate resistance inside New Jersey’s federal courts, was found to be “unlawfully serving” in the post.

The case traces back to July, when New Jersey’s district judges attempted to install their own nominee at the end of Habba’s 120-day acting term. Attorney General Pam Bondi swiftly intervened, blocked the judges’ choice, “removed” her from the office entirely, publicly chastised the bench, and then promoted Habba into the role.

Defendants across New Jersey challenged the move, arguing they were entitled to a “constitutional right to be prosecuted only by a duly authorized United States Attorney.” Their filings warned that “the illegitimacy of Ms. Habba’s appointment undermines… fundamental due process rights.”

The appellate judges ultimately agreed in Monday’s ruling, finding that Bondi could not bypass the Federal Vacancies Reform Act by installing Habba as either acting U.S. attorney or First Assistant.

The panel noted that “only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office,” and added that Bondi’s “delegation of all the powers of a U.S. Attorney to Habba” was expressly prohibited.

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