Trump Admin to Defend Alina Habba’s Appointment in New Jersey/ Newslooks/ WASHINGTON/ J./ Mansour/ Morning Edition/ A federal appeals court is set to hear Monday whether Alina Habba, former attorney to Donald Trump, has been lawfully serving as the top federal prosecutor in New Jersey. A lower court judge ruled her appointment involved “novel … legal and personnel moves” and declared her tenure may be void. The Justice Department argues she remains valid under federal statute allowing a first assistant to step into the role.
Habba Appointment Dispute Quick Looks
- Habba was appointed interim U.S. Attorney for the District of New Jersey in March 2025.
- Her 120‑day interim term expired in July; federal judges then appointed her deputy as successor.
- The Trump administration withdrew her nomination so she could serve as acting U.S. Attorney under different statute.
- In August, Judge Matthew Brann ruled Habba’s continued tenure was unlawful and “may be declared void.”
- The Justice Department is appealing the ruling to preserve her authority.
- Her tenure is controversial: she brought politically charged prosecutions, declared she hoped to “turn New Jersey red,” and was formerly Trump’s lawyer.
- The outcome could affect hundreds of criminal cases in New Jersey.
- This dispute mirrors similar challenges in states like Nevada regarding improperly extended interim U.S. attorney appointments.
- The 3rd Circuit will hear arguments Monday in Philadelphia.
- The legal argument hinges on which statute governs interim U.S. attorney appointments: the Vacancies Reform Act vs. U.S. Code for U.S. Attorneys.
Deep Look: Legal, Political And Institutional Stakes
Deep Look
In March 2025, President Trump tapped his former personal attorney Alina Habba to become interim U.S. Attorney for the District of New Jersey. The appointment was made under the Attorney General’s authority, and Habba was sworn in on March 28.
Under federal law, an interim U.S. Attorney appointed by the Attorney General may serve up to 120 days. After that, if no Senate‑confirmed nomination is in place, the district court judges can appoint a U.S. Attorney to serve until the vacancy is filled.
Legal Maneuvering
By July, Habba’s 120‑day term was ending and her nomination had stalled—Senators Cory Booker and Andy Kim, both New Jersey Democrats, declined to support her.
The district court judges stepped in, appointed her deputy, Desiree Leigh Grace, as interim U.S. Attorney. Shortly thereafter, the Justice Department fired Grace and re‑appointed Habba under a workaround: Habba resigned her interim role, Bondi (the Attorney General) tapped her as first assistant, then she assumed acting U.S. Attorney under the applicable statute.
Controversy & Ruling
In August 2025, Judge Matthew Brann concluded these moves were unlawful: “Facing the question of whether Ms. Habba is lawfully performing the functions … I conclude that she is not.” He said her actions since July may be void.
The Justice Department appealed, meaning the ruling is stayed for now—but the uncertainty has thrown many ongoing prosecutions in New Jersey into doubt.
Political and Institutional Implications
The case raises serious questions about the separation of powers. If presidents can use interim appointment statutes to place loyalists without Senate confirmation, the balance between executive appointment powers and judicial oversight may shift. Judge Brann remarked on this in his order.
Habba’s tenure adds a political dimension: she publicly expressed partisan goals, initiated investigations against Democratic leaders, and lacked prior prosecutorial experience. Critics say this undermines the impartiality of the U.S. Attorney’s Office.
For the Justice Department and Trump administration, defending Habba is both a legal necessity and a political statement about their agenda and loyalty placements.
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