A major federal court just handed Donald Trump a legal blow that could ripple through several states. The 3rd U.S. Circuit Court of Appeals ruled that Alina Habba — Trump’s former personal attorney and his pick to lead the U.S. Attorney’s Office in New Jersey — was serving in the role unlawfully.
The judges didn’t tiptoe around it. In a unanimous decision, the panel said the administration used a series of maneuvers to keep Habba in power after it became clear she had no chance of winning Senate confirmation. The court warned that the strategy effectively sidestepped the Constitution’s requirement for presidential appointment and Senate approval.
According to the ruling, the administration’s theory would allow a president to bypass the confirmation process entirely, letting someone serve indefinitely without ever facing the Senate. The judges called that unacceptable.
This is the first major appellate court decision targeting the Trump administration’s approach to filling U.S. attorney posts. The implications could stretch far beyond New Jersey. Similar challenges are already underway in California, Nevada, Virginia, and New York — and several judges have reached the same conclusion: key prosecutors were installed improperly.
In New Jersey, the challenge came from defendants who argued that Habba shouldn’t be allowed to prosecute them because she was never legally in office. While the court didn’t toss their cases, it didn’t mince words about the appointment process either.
Here’s what happened behind the scenes. Trump named Habba interim U.S. attorney early this year, a role limited to 120 days. When that time ran out, and with New Jersey’s Democratic senators refusing to approve her, the administration shifted tactics. Habba resigned, was immediately rehired as a “special attorney,” then reinstalled as first assistant U.S. attorney — a move that automatically made her acting U.S. attorney again.
The appellate judges said the sequence was not only unusual but raised serious constitutional concerns.
And it’s not just Habba. Lindsey Halligan in Virginia and Bill Essayli in California — both Trump picks — are facing similar scrutiny. A federal judge recently dismissed indictments in New York and South Carolina after ruling that the acting U.S. attorneys involved were unlawfully appointed.
The broader conflict is political as much as legal. Trump has repeatedly clashed with the Senate’s “blue slip” tradition, which gives home-state senators the power to block U.S. attorney nominees. In blue states, this effectively creates a stalemate — and Trump has made it clear he sees Democratic approval as a disqualifier.
With the appeals court now weighing in, the fight could head to the Supreme Court. For now, though, the message is clear: the administration’s appointment tactics crossed a line.
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