Third Circuit Rules Alina Habba Unlawfully Serving as Acting U.S. Attorney for New Jersey

The Third Circuit Court of Appeals unanimously ruled on December 1, 2025 that Alina Habba — Trump's former personal attorney — was unlawfully serving as acting U.S. Attorney for the District of New Jersey. A three-judge panel led by Judge D. Michael Fisher held her appointment violated the Federal Vacancies Reform Act and separation of powers. The ruling was the first appellate decision holding that Trump could not bypass statutory processes to install loyalists in U.S. attorney roles. Habba resigned by December 8, 2025 following the ruling.