President Donald Trump’s former personal lawyer is serving unlawfully as U.S. attorney for New Jersey, a federal appeals court found Monday. The court found that the administration violated the law when it used a series of moves to install Alina Habba into the position. “Under the Government’s delegation theory, Habba may avoid the gauntlet of […]
Menej ako 1 min. min.
President Donald Trump’s former personal lawyer is serving unlawfully as U.S. attorney for New Jersey, a federal appeals court found Monday. The court found that the administration violated the law when it used a series of moves to install Alina Habba into the position.
“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 unanimous three-judge panel wrote. “This view is so broad that it bypasses the constitutional (appointment and Senate confirmation) process entirely.”
The ruling comes after a lower court reached the same conclusion in August 2025.
US attorney cases
Habba’s appointment is not the only one that attorneys are questioning. However, her case is the first to be heard by a federal appeals court.
District court judges recently found that the U.S. attorneys serving the Central District of California and the District of Nevada are also serving unlawfully. The Trump administration is appealing those cases.
Lindsey Halligan’s appointment to the Northern District of New York is also pending after a judge threw out indictments against James Comey and Letitia James, saying Halligan was serving unlawfully.
120-day limit
At the core of U.S. attorney disputes is a 120-day limit for interim U.S. attorneys that the attorney general appoints. The law limits interim attorneys to 120 days, after which the district court must either extend the official’s term or appoint a new U.S. attorney until the vacancy is filled.
Regarding Habba, a lower court judge ruled that her 120-day period ended in July.
