Appeals court disqualifies ex-Trump lawyer Alina Habba as New Jersey prosecutor

December 1, 2025

A federal appeals court has determined that Alina Habba, President Trump's former personal attorney, was unlawfully appointed as the top federal prosecutor for New Jersey, bypassing required Senate confirmation procedures. The court found that the Trump administration violated the Federal Vacancies Reform Act when it installed Habba in an acting capacity after her nomination was rejected by a district court. This marks the second Trump-appointed prosecutor disqualified in recent weeks, following similar rulings involving prosecutors in Virginia, California, and Nevada.

Who is affected

Alina Habba (disqualified prosecutor)
President Donald Trump (his appointee was rejected)
Three criminal defendants in New Jersey who challenged Habba's authority
Scores of individuals involved in criminal cases in New Jersey
The Department of Justice and federal prosecutor offices
Other Trump-appointed prosecutors facing similar challenges: Lindsey Halligan (Virginia), Bill Essayli (Southern District of California), and Sigal Chattah (Nevada)
Defense attorneys representing clients in affected jurisdictions
Abbe David Lowell, Gerry Krovatin, and Norm Eisen (lawyers who challenged Habba's authority)

What action is being taken

The appellate court is disqualifying Habba from serving as US attorney for New Jersey
Defense attorneys are filing motions to reverse judicial rulings regarding other prosecutors
Lawyers are continuing to challenge Trump's appointments of US attorneys where appropriate

Why it matters

This ruling is significant because it represents the first time an appeals court has blocked President Trump from bypassing constitutional appointment processes for US attorneys, establishing a legal precedent that reinforces the separation of powers and Senate confirmation requirements. The decision affects the legitimacy of numerous federal criminal prosecutions in New Jersey and potentially creates grounds for appeals or dismissals in ongoing cases. It also signals broader judicial resistance to the administration's attempts to circumvent statutory appointment procedures, as evidenced by similar rulings in multiple jurisdictions.

What's next

The justice department may need to find a new prosecutor to supervise federal criminal cases in New Jersey
Defense attorneys plan to continue challenging Trump's unlawful appointments of US attorneys wherever appropriate
Defense attorneys have filed a motion to fully oust Bill Essayli from his position in the Southern District of California

Read full article from source: BBC