Court Scrutinizes Trump-Appointed US Attorney in New Jersey

Mon Oct 20 2025 16:36:05 GMT+0300 (Eastern European Summer Time)

A federal appeals court will review the legitimacy of Alina Habba's appointment as the US Attorney for New Jersey after concerns were raised regarding her authority to serve in this role.

A federal appeals court in Philadelphia will examine whether Alina Habba, former attorney for Donald Trump, has been serving lawfully as the U.S. Attorney for New Jersey. A lower court previously ruled her appointment questionable, stating it resulted from a series of unusual legal maneuvers. The courts are grappling with conflicting views on her authority as several criminal defendants in New Jersey are calling for the nullification of her legal actions. Meanwhile, the Justice Department argues that she is validly positioned under federal law. The case raises broader questions about the responsibilities and limits associated with political appointments in federal positions.

PHILADELPHIA (AP) — A federal appeals court is set to hear arguments Monday regarding whether Alina Habba, President Donald Trump’s former lawyer, has been unlawfully serving as the top federal prosecutor in New Jersey since earlier this year.

The 3rd Circuit Court of Appeals has scheduled a hearing in Philadelphia over Habba’s appointment, which a lower court judge previously criticized as a result of a 'novel series of legal and personnel moves' that questioned her legitimacy as U.S. Attorney for New Jersey.

In August, the judge indicated that actions taken since her July appointment could be nullified, but put that ruling on hold for an appeal from the U.S. Justice Department.

The Justice Department asserts that Habba is correctly fulfilling her role per a federal statute that allows the first assistant attorney, a position she held since her initial appointment by the Trump administration, to serve as U.S. attorney.

This legal drama echoes similar events in Nevada, where a federal judge disqualified the administration’s U.S. Attorney appointment.

Concerns about Habba’s tenure emerged from high-profile cases where defendants contest the validity of her authority to prosecute. Following her temporary appointment, she expressed intentions to investigate the state's Democratic leadership, a bold stance for a federal prosecutor.

As the situation develops, the appeals court will need to clarify the boundaries and authority associated with political appointments in such pivotal roles.