A court of appeals in the United States has determined that Alina Habba, who previously served as personal attorney to President Donald Trump, has been improperly acting as the chief federal prosecutor for New Jersey – a decision that may influence numerous criminal cases within the state.
Habba was selected by the president for the position of US attorney this year, but her nomination was denied by a district court, leading the Trump administration to place her in an acting capacity.
On Monday, the appellate judges concluded that this approach, which circumvented the Senate confirmation process, infringed upon the Federal Vacancies Reform Act.
In recent weeks, Habba has become the second prosecutor appointed by Trump to face disqualification.
“It is clear that the current administration has encountered obstacles in navigating the legal and political frameworks necessary for installing its appointees,” wrote Judge Michael Fisher, one of the appellate judges, in the ruling that disqualified Habba.
The BBC has reached out to Habba’s office, the White House, and the Department of Justice for statements.
In a collective statement, three attorneys who contested Habba’s legitimacy – Abbe David Lowell, Gerry Krovatin, and Norm Eisen – remarked that this signifies “the first instance in which an appeals court has determined that President Trump cannot bypass established statutory and constitutional procedures to place whoever he desires in these roles.”
The statement went on: “We will pursue challenges against President Trump’s unlawful appointments of so-called US Attorneys whenever applicable.”
At 41, Habba first joined Trump’s legal team in 2021 after allegedly meeting him at his golf venue in Bedminster, New Jersey.
She later represented Trump during his hush-money trial in New York last year, where he was found guilty on 34 counts of falsifying business records. Trump has appealed against that verdict.
Prior to Habba’s appointment as US Attorney for New Jersey, Trump had stated his intention to name her as his presidential advisor in his second term, praising her as “steadfast in her loyalty” and as a “dedicated advocate for justice.”
The ruling on Monday may compel the justice department to seek out a new prosecutor to oversee federal criminal cases in New Jersey.
The appellate court’s verdict followed arguments from three individuals facing criminal accusations in New Jersey, claiming that the prosecutor’s appointment was unlawful, as reported by the BBC’s US partner, CBS News.
A federal judge ruled in their favor in August. That decision had been on hold during the time the appeals court reviewed the matter.
Habba is not the first US prosecutor appointed by Trump to encounter a legal challenge.
Recently, a federal judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James based on the assertion that the US attorney in their case, Lindsey Halligan, was not lawfully appointed as interim US attorney in Virginia.
In October, a US district judge disqualified Bill Essayli from his position as acting US attorney for the Southern District of California, ruling that he had occupied the temporary position beyond the legally permitted duration.
However, the judge allowed Essayli to remain in charge of the office – the most populous US federal judicial district, catering to roughly 19 million residents – as first assistant US attorney.
Defense attorneys have filed a motion to overturn that aspect of the judge’s ruling, aiming to completely remove Essayli.
In September, another US district judge disqualified Sigal Chattah, Nevada’s chief federal prosecutor, determining that she also was not lawfully serving as acting US attorney.
