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US appeals court rules former Trump lawyer Alina Habba disqualified as New Jersey prosecutor

The Third Circuit ruled Habba's service violated the Federal Vacancies Reform Act by exceeding the 120-day interim limit without Senate confirmation, reinforcing limits on executive appointment powers.

  • On Monday, the Third U.S. Circuit Court of Appeals in Philadelphia upheld a lower-court decision disqualifying Alina Habba as acting U.S. attorney in New Jersey in a unanimous 3-0 ruling against the administration's efforts.
  • After President Donald Trump nominated Alina Habba on June 30, the court found the administration used a novel mechanism to evade the Federal Vacancies Reform Act's 120-day limit, leading judges to appoint Desiree Leigh Grace.
  • At oral arguments in Philadelphia on Oct. 20, the court found three New Jersey defendants challenged Habba's appointment, and U.S. District Judge Matthew Brann ruled in August she lacked lawful authority, with Fisher stating, `It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place`.
  • The ruling creates immediate legal consequences for cases Habba handled, raising questions about indictments and plea agreements, and forces the U.S. Department of Justice to nominate a Senate-confirmable U.S. Attorney or rely on Desiree Leigh Grace.
  • The decision sets a potential nationwide precedent as Monday's ruling is the first federal appeals court rejection of the Trump administration's strategy, affecting federal prosecutors nationwide and parallel challenges in Virginia and Nevada.
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News Ghana broke the news in on Monday, November 3, 2025.
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