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A2 U.S. NEWS
Tuesday 2 december 2025
Former Trump lawyer Alina Habba is disqualified as top New

Jersey prosecutor, US appeals court rules

By MIKE CATALINI Habba was Trump’s at-
Associated Press torney in criminal and
PHILADELPHIA (AP) — Pres- civil proceedings before
ident Donald Trump’s for- he was elected to a sec-
mer personal lawyer Alina ond term. She served as a
Habba is disqualified from White House adviser briefly
serving as New Jersey’s before Trump named her
top federal prosecutor de- as a federal prosecutor in
spite his administration’s March.
maneuvers to keep her in Shortly after her appoint-
the role, an appeals court ment, she said in an in-
said Monday. terview that she hoped
A panel of judges from the to help “turn New Jersey
3rd U.S. Circuit Court of red,” a rare overt political
Appeals sitting in Philadel- expression from a pros-
phia sided with a lower- ecutor.
court judge's ruling after She then brought a tres-
hearing oral arguments at passing charge, even-
which Habba was present tually dropped, against
on Oct. 20. Democratic Newark, New
“It is apparent that the Jersey, Mayor Ras Baraka
current administration has stemming from his visit to
been frustrated by some a federal immigration de-
of the legal and political Alina Habba, President Donald Trump's pick to be the interim U.S. Attorney for New Jersey, speaks tention center.
barriers to getting its ap- with reporters outside the White House, March 26, 2025, in Washington. Habba later charged
pointees in place. Its ef- Associated Press. Democratic U.S. Rep. La-
forts to elevate its pre- Habba said after that Other appointments have were two appointed by Monica McIver with as-
ferred candidate for U.S. hearing in a statement been challenged, too Republican President sault stemming from the
Attorney for the District of posted to X that she was Habba is hardly the only George W. Bush, D. Brooks same incident, a rare fed-
New Jersey, Alina Habba, fighting on behalf of other Trump administration Smith and D. Michael Fish- eral criminal case against
to the role of Acting U.S. candidates to be federal prosecutor whose ap- er, as well as one named a sitting member of Con-
Attorney demonstrate the prosecutors who have pointment has been chal- by Democratic President gress other than for cor-
difficulties it has faced yet been denied a chance lenged by defense law- Barack Obama, Luis Felipe ruption. McIver denied the
the citizens of New Jersey for a Senate hearing. yers. Restrepo. charges and pleaded not
and the loyal employees The White House had no Last week, a federal judge The judge said Habba was guilty. The case is pending.
in the U.S. Attorney’s Of- immediate comment on dismissed criminal cases unlawfully serving Questions about whether
fice deserve some clarity Habba on Monday and against former FBI Director A lower-court judge, Mat- Habba would continue in
and stability,” the court referred questions to the James Comey and New thew Brann, said in August the job arose in July when
wrote in a 32-page opin- Justice Department. Mes- York Attorney General that Habba's appoint- her temporary appoint-
ion. sages were left Monday Letitia James after con- ment was done with a ment was ending and it
It concluded: “We will af- seeking comment from cluding that the hastily “novel series of legal and became clear New Jer-
firm the District Court’s dis- the U.S. attorney's office in installed prosecutor who personnel moves” and sey’s two Democratic U.S.
qualification order.” New Jersey, Habba’s per- filed the charges, Lindsey that she was unlawfully senators, Cory Booker and
The ruling comes amid sonal staffer and the Jus- Halligan, was unlawfully serving as U.S attorney for Andy Kim, would not back
the push by Trump's Re- tice Department. appointed to the position New Jersey. her appointment.
publican administration The decision affirmed of interim U.S. attorney for That order said Habba's Earlier this year as Habba's
to keep Habba as the Habba is serving unlaw- the Eastern District of Vir- actions since July could appointment was expiring,
acting U.S. attorney for fully, attorneys for the ap- ginia. The Justice Depart- be invalidated, but the federal judges in New Jer-
New Jersey, a powerful pellees said in an emailed ment has said it intends to judge stayed the order sey exercised their power
post charged with enforc- statement. appeal the rulings. pending appeal. under the law to replace
ing federal criminal and "We will continue to chal- Similar challenges to other The government argued her with a career prosecu-
civil law. It also comes af- lenge President Trump’s Trump appointees played Habba is validly serving in tor who had served as her
ter the judges questioned unlawful appointments of out in Nevada, where a the role under a federal second-in-command.
the government's moves purported U.S. Attorneys federal judge disqualified statute allowing the first Attorney General Pam
to keep Habba in place wherever appropriate,” the president's appointee assistant attorney, a post Bondi then fired the prose-
after her interim appoint- said attorneys Abbe Low- as well. she was appointed to by cutor installed by the judg-
ment expired and without ell, Gerry Krovatin and Also, lawyers for James are the Trump administration. es and renamed Habba
her getting Senate confir- Norm Eisen in the state- expected to challenge Who challenged Habba's as acting U.S. attorney.
mation. ment. the authority of the acting tenure? The Justice Department
U.S. attorney in Albany, The Habba case comes said the judges acted pre-
New York, John Sarcone, after several people maturely and said Trump
at a hearing on Thursday. charged with federal had the authority to ap-
The arguments in Albany crimes in New Jersey chal- point his preferred candi-
to block subpoenas come lenged the legality of her date to enforce federal
as James pushes back tenure. They sought to laws in the state.
against the Trump admin- block the charges, argu- Brann’s ruling said the
istration’s investigation of ing she didn’t have the president’s appointments
cases she brought against authority to prosecute are still subject to the time
Trump and the National their cases after her 120- limits and power-sharing
Rifle Association. day term as interim U.S. rules laid out in federal
The judges on the panel attorney expired. law.q