A three-judge panel of the U.S. Court of Appeals for the Third Circuit on Monday disqualified Alina Habba from serving as acting U.S. Attorney for the District of New Jersey, finding that her appointment violated the federal statute governing interim prosecutors. The court unanimously upheld an earlier decision that declared her tenure unlawful.
Her appointment had followed a controversial legal maneuver after her temporary 120-day interim term expired in mid-2025 and the Senate did not confirm her nomination. When federal judges declined to keep her on, the administration reinstalled her in a lower office, installing her again as acting U.S. Attorney — a move the court said bypassed the required confirmation process.
The judges, in a 32-page opinion, wrote that the public and career staff “deserve clarity and stability,” making clear that the administration’s attempt to elevate her without Senate approval was improper. The decision marks the first time a federal appeals court has rejected a mid-level prosecutor appointment made under similar circumstances during the current administration.
Legal experts warn that the ruling could have sweeping effects. Cases brought under Habba’s supervision may now be vulnerable to challenges, and prosecutors nationwide appointed under comparable arrangements could face renewed scrutiny.
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Habba’s critics previously pointed to her lack of prosecutorial experience and political statements made during her tenure as evidence she was unfit for the role. Her removal may usher in a period of uncertainty for ongoing federal criminal and civil cases in New Jersey — until a properly confirmed successor is in place.
The justice system in New Jersey now faces pressure to restore stable, lawful leadership at the U.S. Attorney’s Office to ensure continued enforcement of federal laws without constitutional vulnerabilities.
