A federal appeals court found Monday that President Donald Trump’s former personal lawyer, Alina Habba, is unlawfully serving as U.S. attorney for New Jersey. The court found that the administration sidestepped federal law to install her in the role.
In a unanimous opinion, the three-judge panel said the administration relied on an overly broad “delegation theory” to keep Habba in office without the require presidential appointment and Senate confirmation.
“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 court wrote. “This view is so broad that it bypasses the constitutional (appointment and Senate confirmation) process entirely.”
The ruling upholds a lower court decision from August 2025 that reached the same conclusion.
Other US attorney appointments under scrutiny
Habba’s case is the first to reach a federal appeals court, but it’s not the only one raising alarms. District court judges recently ruled that the acting U.S. attorneys in the Central District of California and the District of Nevada are also serving unlawfully. Both cases are now on appeal.
In New York, a federal judge threw out indictments against James Comey and Letitia James after determining that Lindsey Halligan — installed as U.S. attorney for the Northern District — was serving outside the bounds of federal law. That case is still pending.
The 120-day rule at the center of the disputes
Federal law allows the attorney general to appoint an interim U.S. attorney for 120 days. After that window closes, the district must either extend the appointment or choose someone else to serve until the president nominates and the Senate confirms a permanent replacement.
For Habba, a lower court judge ruled the 120-day period expired in July, meaning she has been unlawfully occupying the office since then.
