Court Rules Trump-Appointed NJ US Attorney Unlawfully Served

A US appeals court has ruled that Alina Habba, former personal lawyer to President Donald Trump, was unlawfully serving as acting US attorney for New Jersey, a decision that could affect many federal criminal cases in the state.

Habba was handpicked by Trump earlier this year. After a district court rejected her nomination, the administration installed her in an acting role that bypassed Senate confirmation. The appellate judges ruled Monday that this appointment violated the Federal Vacancies Reform Act.

This is the second recent case where a Trump-appointed US attorney has been disqualified. Judge Michael Fisher, in the ruling, noted that the administration faced “legal and political barriers” in placing its preferred candidates.

The lawyers who challenged Habba’s authority called the ruling historic, stating it is the first time an appeals court prevented a president from bypassing statutory and constitutional processes to place his chosen candidate in a key federal position.

Habba, 41, first joined Trump’s legal team in 2021 and represented him in the New York hush-money trial, where he was convicted on 34 counts of falsifying business records. Before her appointment as US attorney, she had been announced as Trump’s presidential counsellor, praised for her loyalty and advocacy.

The appeals court decision followed a federal judge’s ruling earlier this year, in favor of three New Jersey defendants, who argued that Habba’s appointment was unlawful.

Other Trump-appointed prosecutors have faced similar challenges recently. Interim US attorneys in Virginia, California, and Nevada were disqualified for failing to meet legal requirements, affecting ongoing federal cases.

The Justice Department may now need to appoint a new prosecutor to oversee federal criminal cases in New Jersey, ensuring compliance with federal law.