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Last Modified on Dec 08, 2025
On December 1, 2025, the 3rd Circuit Court of Appeals upheld a district court’s decision, holding that Alina Habba was disqualified from serving as the U.S. Attorney for the District of New Jersey. The precedential decision was made by a three-judge panel of the 3rd Circuit Court, affirming the lower court’s finding that Ms. Habba exercised the functions and duties of the Office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025. And today it appears that Ms. Habba had decided to step down, clearing the way for President Trump to appoint someone else for the position.
By way of background, Alina Habba is one of President Donald Trump’s former personal attorneys (and also worked as a legal advisor on his presidential campaign) . During his second term, Trump named Habba the appointed interim U.S. Attorney for New Jersey. She needed the confirmation of the Senate in order to keep this position, which did not happen. Therefore, the term expired after 120 days after appointment. However, upon completion of her term while still in office, the Trump Administration attempted to keep her in this role without Senate confirmation by withdrawing her nomination for U.S. Attorney and appointing her as “Special Attorney”. Later in August 2025, a lower federal court ruled that her continued service violated the Federal Vacancies Reform Act (FRVA).
The case regarding Habba’s authority was filed by Julien Giraud Jr. and Julien Giraud II, two defendants in a federal drug case, and Cesar Humberto Pina, another defendant accused of fraud and drug laundering. The case was filed in the District of New Jersey but the matter was reassigned to Judge Brann in the Eastern District of Philadelphia, to avoid a conflict of interest, . Judge Braun found that Habba was unlawfully serving as the U.S. Attorney for the District of New Jersey.
Judge Brann held “I conclude that she is not statutorily eligible to perform the functions and duties of the office of the United States Attorney and has therefore unlawfully held the role since July 24, 2025… I disqualify Ms. Habba from engaging in the prosecutions of the Girauds and Mr. Pina, and from supervising the same.”
He concluded that Habba wasn’t legally allowed to serve as U.S. Attorney after July 2025 so she should not have been in the job at all, after that point. The 3rd Circuit Court of Appeals reiterated this in their 32-page decision on December 1, 2025, stating that her appointment violated the FRVA of 1998.
The 3rd Circuit held “As it stands, Habba alone is exercising all the powers of a U.S. Attorney, making her an Acting U.S. Attorney whose appointment is not FVRA-compliant…Therefore, we will affirm the District Court’s disqualification order.”
Based on the Court’s decision, Habba’s authority after July 2025 is now void, in her capacity as Acting U.S Attorney or “Special” U.S. Attorney for the District of New Jersey. While the Department of Justice could appeal the decision, as it stands there needs to be a new legally confirmed U.S. Attorney installed to restore authority in New Jersey federal courts. This leaves any cases filed under Habba and pending in limbo. The Third Circuit’s decision to disqualify Alina Habba clearly states that constitutional standards determine who can be an elected U.S. Attorney, not political advantages. With Habba’s stated resignation, we shall see who the new appointment for this position is by President Trump.
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