TRENTON, N.J. — A federal appeals court on Monday upheld the disqualification of Alina Habba as New Jersey’s top federal prosecutor, dealing a setback to President Donald Trump’s efforts to install loyalists into U.S. attorney positions without Senate confirmation. The 32-page ruling, written by Judge D. Michael Fisher — a George W. Bush appointee — concluded that the administration used “unconventional methods” to try to place Habba in the role of acting U.S. attorney.
Fisher wrote that while the administration has been “frustrated” by legal and political barriers preventing its preferred nominees from taking office, the public and U.S. Attorney’s Office employees “deserve some clarity and stability.” The decision affirms an earlier ruling blocking Habba’s appointment, which critics argued circumvented long-standing norms and qualifications required for federal prosecutors.
The opinion also signals broader legal vulnerabilities for Trump’s attempts to position acting U.S. attorneys nationwide, as challenges are pending in California, Nevada, upstate New York, and Virginia. Defendants in several criminal cases have argued that improperly installed prosecutors lack lawful authority to bring charges.
The ruling is expected to shape the administration’s next steps as it confronts mounting judicial resistance to its rapid-placement strategy for federal legal offices. The Justice Department has not yet indicated whether it will pursue further appeals.
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Sources:
• Politico – MBFC Rating
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