A US appeals court has disqualified Alina Habba, Donald Trump’s former personal lawyer, from serving as the acting US attorney for New Jersey, upholding a lower court ruling that found her appointment unlawful.
The third US circuit court of appeals, sitting in Philadelphia, affirmed the district court’s disqualification order in a 32-page opinion on Monday. The panel, comprising two George W Bush appointees and one Barack Obama appointee, concluded that Habba’s tenure lacked legal authority after her interim term expired without Senate confirmation.
Habba was appointed by the Trump administration in March after serving as Trump’s attorney in criminal and civil proceedings and as a White House adviser. Her appointment faced challenges from defendants who argued she had no authority to prosecute cases after her 120-day term ended in July.
The appeals court noted that the administration’s efforts to keep Habba in place reflected broader frustrations with legal and political barriers to appointments. The court said New Jersey citizens and employees in the US attorney’s office deserve clarity and stability.
Habba is not the only Trump administration prosecutor whose appointment has been challenged. A federal judge recently dismissed cases against former FBI director James Comey and New York attorney general Letitia James after finding the prosecutor was unlawfully appointed. Similar challenges have emerged in Nevada.
During her tenure, Habba brought a trespassing charge against Newark mayor Ras Baraka, which was later dropped, and charged Democratic congresswoman LaMonica McIver with assault, a rare federal case against a sitting lawmaker. McIver has pleaded not guilty. The disqualification casts doubt on the validity of her actions.
