Appeals court finds Alina Habba unlawfully served as top New Jersey prosecutor

Published December 1, 2025 10:55am ET



A federal appeals court ruled Monday that Alina Habba unlawfully served as New Jersey’s top federal prosecutor, adding fresh legal turmoil to President Donald Trump’s efforts to keep loyalists installed in U.S. attorney positions after two high-profile cases fell apart last week over similar appointment problems.

A three-judge panel on the U.S. Court of Appeals for the Third Circuit upheld a lower court’s finding that Habba, a Trump ally and former personal attorney to the president, was never validly in office. The ruling comes days after a judge dismissed the criminal cases in Virginia against former FBI Director James Comey and New York Attorney General Letitia James, citing defects in the appointment of Lindsey Halligan, Trump’s temporary U.S. attorney in the Eastern District of Virginia.

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