Appeals court rules Trump's former lawyer Alina Habba unlawfully serving as US attorney for New Jersey

The Third Circuit ruled Dec. 1, 2025 that AHAlina Habba's appointment as Acting U.S

Attorney for 🏖️New Jersey violated the Federal Vacancies Reform Act

The panel found Trump used a scheme He briefly removed her Then he immediately redesignated her That reset the statutory clock Her 120-day term expired Apr. 28, 2025 The court voided all her actions during the second appointment.

Habba had zero prosecutorial experience

She's a personal injury and insurance defense lawyer

She defended Trump in his 🗽New York civil fraud trial He got a $454 million judgment She defended him in E Jean Carroll defamation cases He got $83.3 million liability Legal experts warned her lack of criminal law experience made her unqualified She leads one of the nation's busiest U.S Attorney offices It handles organized crime Public corruption National security cases.

Trump tried permanent appointment

He hit the blue slip tradition

Since 1917 home-state senators can block U.S Attorney nominees They withhold approval 🏖️New Jersey senators Cory Booker and Andy Kim refused Senate Judiciary wouldn't hold hearings Trump had to rely on the FVRA's 120-day temporary authority.

The FVRA from 1998 explicitly bars what Trump attempted

Once an acting official's 120-day term expires the position stays vacant

It stays vacant until Senate confirmation No one can serve as acting official twice for the same vacancy Congress designed this to stop presidents To stop them installing unconfirmed loyalists indefinitely The Supreme Court reinforced this in NLRB v SW General Resources in 2017 Acting officials lose authority when FVRA limits expire.

Article II, Section 2 requires Senate confirmation for principal officers

It prevents presidents stacking government with personal allies

Hamilton wrote in Federalist No. 76 that Senate confirmation would be an excellent check upon favoritism It would prevent unfit characters U.S Attorneys decide who gets prosecuted What charges to bring Whether to pursue politically sensitive cases.

Habba wasn't alone

Trump installed at least three other acting U.S

Attorneys via FVRA workarounds Bill Essayli in Central 🌴California Sigal Chattah in 🎰Nevada Todd Halligan in 🏔️Colorado Career prosecutors resigned in protest The D.C Circuit and Ninth Circuit also ruled against Trump's appointments Appeals courts created consensus His strategy violated law.

Every indictment Habba approved lacks legal authority

Every plea deal she signed

Every case her office prosecuted during her void second appointment Defense attorneys immediately moved to dismiss cases To overturn convictions DOJ now faces re-filing charges Re-negotiating pleas Defending appeals All while the 🏖️New Jersey position remains vacant With no confirmed appointee.