Trump appointee Alina Habba disqualified as top federal prosecutor in New Jersey

A United States federal appeals court has ruled that Alina Habba, a former personal lawyer to Donald Trump, was unlawfully serving as the acting US attorney for the District of New Jersey.

The ruling, delivered on 2 December 2025, declared her appointment a violation of the Federal Vacancies Reform Act, raising concerns over the legitimacy of several federal prosecutions handled under her tenure.

According to a report by the BBC, Habba’s position was facilitated by the Trump administration earlier this year after her nomination for the official role was rejected by a district court.

Instead of seeking Senate confirmation, the administration placed her in an acting capacity — a move the court has now found to be inconsistent with federal law.

“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Judge Michael Fisher wrote in the appellate court's decision, which disqualifies Habba from serving in the role.

This is the second time in recent weeks that a Trump-appointed acting federal prosecutor has been declared unlawfully appointed.

The case arose from a legal challenge by three criminal defendants in New Jersey, who argued that Habba’s authority to prosecute them was invalid due to her unlawful appointment.

A federal judge agreed with their argument in August, though the ruling was paused pending an appellate review.

With Monday’s decision, the earlier ruling has now been upheld, effectively disqualifying Habba from overseeing federal prosecutions in New Jersey.

The ruling could lead to delays or re-evaluation of numerous criminal cases currently under the jurisdiction of the New Jersey US Attorney’s Office.

In a joint statement, lawyers Abbe David Lowell, Gerry Krovatin, and Norm Eisen — who represented the men challenging Habba’s authority — stated this was “the first time an appeals court has ruled that President Trump cannot usurp longstanding statutory and constitutional processes to insert whomever he wants in these positions”.

They further noted, “We will continue to challenge President Trump’s unlawful appointments of purported US Attorneys wherever appropriate.”

Habba, 41, joined Trump’s personal legal team in 2021 after reportedly meeting him at his Bedminster golf club.

She gained prominence for representing Trump during his hush-money trial in New York in 2024, where he was convicted on 34 counts of falsifying business records.

Trump has since appealed the conviction.

Prior to nominating her for the US attorney role, Trump had also declared Habba would serve as his presidential counsellor during his second administration if elected, praising her as “unwavering in her loyalty” and a “tireless advocate for justice”.

The Department of Justice has not yet responded to the ruling. The White House and Habba’s office also declined immediate comment, according to the BBC.

Legal experts suggest that the justice department will now have to appoint a replacement to lead the prosecution of federal crimes in New Jersey, or risk further legal challenges from defendants questioning the legitimacy of past or ongoing actions under Habba’s leadership.

This case is one of several recent challenges involving Trump-appointed federal prosecutors.

Last week, a federal judge dismissed charges in Virginia against former FBI Director James Comey and New York Attorney General Letitia James after ruling that the interim US attorney, Lindsey Halligan, had not been legally appointed.

Similarly, in October, a US district judge found that Bill Essayli had served too long as acting US attorney for the Southern District of California without formal appointment.

Although Essayli was allowed to continue overseeing the office in his capacity as first assistant US attorney, defence lawyers have filed motions seeking his complete removal from that position.

In a separate case in September, a judge ruled that Sigal Chattah was unlawfully serving as acting US attorney in Nevada, further highlighting the systemic legal issues surrounding temporary appointments under the Trump administration.

These rulings have intensified scrutiny over how temporary federal prosecutors are appointed and whether their actions — including indictments and plea agreements — could be challenged as invalid.