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Judges across the country have challenged the appointments of Trump loyalists serving as U.S. attorneys
Alex Woodwardin New YorkMonday 01 December 2025 14:32 GMTComments
CloseAlina Habba tells judges their job is 'respecting the president'
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A federal appeals court has affirmed a court ruling to disqualify Donald Trump’s former personal attorney Alina Habba from serving as the top prosecutor in New Jersey, landing yet another major blow to the president’s loyalists overseeing critical law enforcement roles across the country.
Habba, whose appointment sparked a legal showdown between the Trump administration and the state’s federal judges, is “unlawfully serving” as U.S. Attorney for New Jersey, the panel affirmed Monday.
After she briefly served as “counselor to the president” at the White House, Habba was sworn in as acting U.S. attorney in her home state.
In July, New Jersey’s federal trial judges named their own nominee to replace Habba at the end of her 120-day term as the state’s acting U.S. Attorney.
But hours later, Attorney General Pam Bondi not only blocked the judges’ nominee but “removed” her from the office entirely, then publicly rebuked the judges and promoted Habba to the role of acting U.S. attorney — preserving her role as the state’s top federal prosecutor.
Monday’s ruling stems from the months-long legal challenge brought by New Jersey defendants challenging the legality of Habba’s tenure and the charges she brought against them.
They argued that Habba did not have the authority to bring charges after her 120-day term expired and must have a “constitutional right to be prosecuted only by a duly authorized United States Attorney.”
“The illegitimacy of Ms. Habba’s appointment undermines … fundamental due process rights,” attorneys wrote in court filings.
The appellate panel blocked Habba from serving in both the “acting” role and as the First Assistant U.S. Attorney under Bondi, “because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office” under the Federal Vacancies Reform Act, judges wrote.
And because Habba was nominated to serve full-time as the U.S. Attorney for New Jersey, the law prevents her from assuming the role of Acting U.S. Attorney, according to the judges.
Bondi’s “delegation of all the powers of a U.S. Attorney to Habba” is also prohibited, they added.
This is a developing story
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Alina HabbaDonald TrumpPam BondiNew JerseyJoin our commenting forum
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