WASHINGTON, DC – MARCH 28: White House Presidential Counselor Alina Habba delivers remarks before being sworn in as the interim U.S. Attorney for New Jersey in the Oval Office at the White House on March 28, 2025 in Washington, DC. Habba is a former
PHILADELPHIA – A major legal setback hit former New Jersey U.S. Attorney Alina Habba on Monday after a federal court ruled she was unlawfully appointed to her position, concluding she served beyond what federal law allows without Senate confirmation.
The decision removes Habba from the job and raises questions about the federal cases she supervised, according to FOX News.
What we know:
A three-judge panel on the Third Circuit Court of Appeals upheld a ruling that Habba’s continued service as New Jersey’s top federal prosecutor violated federal statutes designed to limit temporary appointments, according to FOX News reporting.
According to the ruling, Habba remained in the role past the legally permitted timeframe without Senate confirmation. Judges described the government’s attempt to extend her authority as improper, determining she was “unlawfully serving” as U.S. attorney.
The decision marks a significant setback for Habba, who oversaw multiple high-profile federal cases during her tenure.
The backstory:
During her brief four-month tenure, Habba’s office became embroiled in a series of high-profile clashes with New Jersey Democrats. Her prosecutors faced scrutiny after Newark Mayor Ras Baraka was arrested on a trespass charge while attempting to join a congressional visit to a privately run immigration detention center. Baraka denied any wrongdoing, and Habba later dropped the charge.
A U.S. magistrate judge sharply criticized the episode, calling it a “worrisome misstep.” Baraka is now suing Habba, accusing her of malicious prosecution.
Habba’s office also charged U.S. Rep. LaMonica McIver with assault after police said she made physical contact with law enforcement officers during Baraka’s arrest. McIver, whose district includes Newark, denies her actions amounted to assault. The case remains pending and is unusual in that sitting members of Congress are rarely prosecuted federally for anything other than corruption or fraud.
Her nomination to serve as U.S. attorney stalled almost immediately under the Senate’s tradition of “senatorial courtesy.” Democratic Sens. Cory Booker and Andy Kim withheld their support, accusing Habba of pursuing politically motivated prosecutions — effectively blocking her confirmation.
Habba’s background is rooted more in politics and state-level legal work than in federal prosecution. A former partner at a small firm near Trump’s New Jersey golf course, she served as a senior adviser to his political action committee and became one of his most visible defense attorneys. She appeared on cable news as a “legal spokesperson,” represented Trump in the 2024 E. Jean Carroll defamation case, and publicly aligned herself with his “America First” agenda.
However, her federal courtroom experience was limited. During the Carroll trial, the judge admonished Habba repeatedly for procedural errors, misstating the law, and raising objections after rulings had already been made.
What’s next:
The Justice Department will need to determine who will lead the U.S. Attorney’s Office in New Jersey moving forward. It’s not yet clear whether the administration plans to appeal the decision.
Federal cases handled under Habba’s leadership may face temporary delays as DOJ reviews the impact of the ruling.
The Source: This story is based on reporting from Fox News.
New Jersey
