Who Is Alina Habba? Latest on the Appeals Court Case Today

Alina Habba is a New Jersey attorney and close ally of Donald Trump who was appointed in March 2025 to a 120-day interim term as U.S. attorney for the District of New Jersey. On December 1, 2025, the 3rd U.S. Circuit Court of Appeals ruled her continued service was unlawful because she was never confirmed by the Senate, upholding a lower-court decision that disqualified her from the role.

The panel said the administration’s maneuvers to keep Habba in charge after her interim term expired violated federal appointment rules that limit such service without Senate approval. The Justice Department signaled it may appeal.

Key facts about Habba and today’s ruling

Habba first rose to national prominence as one of Trump’s personal lawyers, appearing in high-profile civil matters before joining his second-term orbit. She was tapped on March 28, 2025, for a 120-day interim stint leading the New Jersey office, a term that expired in late July. The appeals court agreed she could not continue in the job without Senate confirmation.

In affirming the lower court, the 3rd Circuit emphasized that interim U.S. attorney appointments are time-limited and cannot be extended through creative staffing titles once the statutory clock runs out. The opinion noted the need for “clarity and stability” for both the public and the office’s employees.

Attorneys Abbe D. Lowell and Gerald Krovatin, who challenged her status, accused officials of pursuing “a shell game to keep her in power,” language cited in court filings and subsequent coverage.

The case has practical consequences. Matters Habba personally authorized after her interim term expired could face new challenges, and a replacement prosecutor must be installed to supervise ongoing cases. The administration can seek further review, including at the Supreme Court, but the appeals court’s disqualification stands unless overturned.

How this fits a wider legal pattern

The decision arrives amid similar fights over interim U.S. attorney appointments. Last week, a federal judge in Virginia dismissed cases against former FBI Director James Comey and New York Attorney General Letitia James after finding that the prosecutor in those matters, Lindsey Halligan, had been unlawfully appointed to serve as interim U.S. attorney. The Justice Department said it would appeal.

Reporting has also described friction around Habba’s tenure, including objections from New Jersey’s Democratic senators and criticism of attempts to reinstall her after judges moved to seat a career official when the 120-day period ended. Today’s ruling cements that the attempted workarounds did not comply with federal law.

Bottom line: Alina Habba is a Trump-aligned lawyer who briefly led New Jersey’s U.S. attorney’s office on an interim basis. The 3rd Circuit has now confirmed she cannot lawfully serve in that role without Senate confirmation, reinforcing strict limits on interim appointments.

FYI (keeping you in the loop)-

Q1: Who is Alina Habba?

A New Jersey attorney known for representing Donald Trump in civil cases. She was appointed in March 2025 to a short-term U.S. attorney post in New Jersey.

Q2: What exactly did the appeals court decide?

The 3rd Circuit affirmed that Habba’s service as U.S. attorney after her interim term expired was unlawful without Senate confirmation, and it disqualified her from the role.

Q3: Why was the appointment considered unlawful?

Federal law limits interim U.S. attorney appointments to 120 days unless the Senate confirms a nominee. The court found attempts to extend her tenure beyond that period improper.

Q4: What happens to cases she handled?

Cases she supervised could face challenges or need review by a lawfully seated U.S. attorney. A new supervisor must oversee ongoing matters in New Jersey.

Q5: Is this part of a broader trend?

Yes. Courts have recently scrutinized several interim U.S. attorney appointments, including a ruling that the Virginia interim appointee was unlawfully installed, leading to dismissed indictments.