Appeals court upholds ruling that disqualified Alina Habba from serving as N.J.'s top prosecutor Gary Grumbach December 1, 2025 at 6:21 AM 0 An appeals court affirmed a lower court ruling disqualifying Alina Habba from her role as acting U.S. attorney. (Mark Schiefelbein / AP) In a loss for the Trump administration, an appeals court on Monday upheld a lower court ruling disqualifying Alina Habba from her position as acting U.S. attorney for the District of New Jersey. In a 32page ruling, the 3rd Circuit Court of Appeals found that Habba's appointment violates the Federal Vacancies Reform Act.
- - Appeals court upholds ruling that disqualified Alina Habba from serving as N.J.'s top prosecutor
Gary Grumbach December 1, 2025 at 6:21 AM
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An appeals court affirmed a lower court ruling disqualifying Alina Habba from her role as acting U.S. attorney. (Mark Schiefelbein / AP)
In a loss for the Trump administration, an appeals court on Monday upheld a lower court ruling disqualifying Alina Habba from her position as acting U.S. attorney for the District of New Jersey.
In a 32-page ruling, the 3rd Circuit Court of Appeals found that Habba's appointment violates the Federal Vacancies Reform Act.
"It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place," wrote Judge Michael Fisher.
The decision stems from a motion from Julien Giraud Jr., a New Jersey man who faced drug trafficking and firearm charges that predated Habba's appointment. Giraud moved to dismiss his indictment on July 27, arguing that President Donald Trump's appointment of Habba, who had been overseeing the case, was unlawful.
He pleaded not guilty. The court did not dismiss Giraud's underlying criminal case.
Habba is a former personal lawyer to the president.
A federal judge ruled in August that Habba's appointment was "unlawful," though the judge's order was on hold as the legal proceedings continued in an appeals court.
In the summer ruling, U.S. District Judge Matthew W. Brann took issue with Trump naming Habba as interim U.S. attorney in March, a position that is time-limited to 120 days. He said in his ruling that while Trump nominated her in June to serve as the permanent attorney, the Senate did not take up her nomination.
Weeks after Trump nominated her to the permanent position, judges for the U.S. District Court of New Jersey appointed her deputy to be the new U.S. attorney. In response, Attorney General Pam Bondi fired the deputy, appointed Habba as "Special Attorney to the Attorney General," then appointed her to the deputy position, which allowed her to become the acting U.S. attorney again.
NBC News reached out to Habba's office, the Justice Department and the White House for comment.
Source: "AOL Breaking"
Source: Breaking
Published: December 01, 2025 at 04:54PM on Source: MARIO MAG
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