A federal appeals court has delivered a significant legal setback to the administration of former U.S. President Donald Trump, disqualifying his former personal lawyer, Alina Habba, from serving as New Jersey's top federal prosecutor. The ruling, issued on Monday, December 1, 2025, upholds a lower court's finding that the White House violated the law in its efforts to install her in the powerful position without Senate confirmation.
Judges Rule Appointment Bypassed Constitutional Process
A three-judge panel from the 3rd U.S. Circuit Court of Appeals affirmed the earlier decision, stating the administration's manoeuvres to keep Habba in the role of U.S. Attorney for New Jersey unlawfully circumvented the required constitutional process. The judges, including George W. Bush appointees D. Brooks Smith and D. Michael Fisher, as well as Barack Obama appointee Luis Felipe Restrepo, were unequivocal in their judgment.
"Under the government's delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. attorney indefinitely," the panel wrote. "This view is so broad that it bypasses the constitutional process entirely."
A Series of Controversial Appointments
The case centres on the Trump administration's attempt to maintain Habba in the "powerful post" responsible for enforcing federal criminal law in New Jersey. Trump initially named Habba as the interim U.S. Attorney earlier in 2025. However, when it became clear district court judges would not formally appoint her and her interim term was expiring, she resigned.
The administration then employed a series of steps to reinstate her authority. Attorney General Pam Bondi first appointed Habba as a special attorney, then designated her as First Assistant U.S. Attorney, ultimately delegating to her the full authority of the U.S. Attorney. The court found this sequence of events was an illegal effort to sidestep the necessity of Senate approval.
Potential Ripple Effects and Legal Fallout
This ruling could have wider implications for other key jurisdictions where the Trump administration lacks Senate-confirmed U.S. Attorneys, such as the areas around Los Angeles and Las Vegas. It follows a similar pattern seen in other recent cases challenging the administration's appointment practices.
Just prior to this decision, a federal judge concluded that the interim U.S. Attorney for the Eastern District of Virginia, Lindsey Halligan—another former member of Trump's personal legal team—was unlawfully appointed. That finding led to the dismissal of criminal charges against former FBI director James Comey and New York Attorney General Letitia James. The Justice Department has indicated it plans to appeal those rulings.
Following an October court hearing, Habba took to social media platform X to frame her fight as one "on behalf of 26 U.S. attorney candidates who have been denied the opportunity for a Senate hearing." She argued that the president's mandate to appoint individuals should be respected.
Lawyers for the appellees celebrated the New Jersey ruling. "We will continue to challenge President Trump's unlawful appointments of purported U.S. attorneys wherever appropriate," stated Abbe Lowell, Gerry Krovatin, and Norm Eisen in a statement. The White House declined immediate comment, referring questions to the Justice Department, which also did not provide a statement in response to the ruling.
