⚖️ Trump Administration to Defend Alina Habba’s Tenure as Top New Jersey Federal Prosecutor

PHILADELPHIA — The Trump administration is preparing to defend Alina Habba, former personal lawyer to President Donald Trump, in a high-profile legal battle over her tenure as New Jersey’s top federal prosecutor. The case has drawn national attention, highlighting questions over the legality of Habba’s appointment and the broader authority of interim U.S. attorneys.

Alina Habba speaks after being sworn in as interim US Attorney General for New Jersey, in the Oval Office of the White House in Washington, on March 28, 2025. (Pool File via AP, file)

🏛️ Legal Challenge

U.S. District Judge Matthew Brann previously ruled that Habba’s appointment involved a “novel series of legal and personnel moves” and suggested she may not have been lawfully serving as U.S. Attorney for New Jersey since her 120-day interim term expired. Brann allowed the ruling to be put on hold, enabling the Justice Department to appeal.

Several defendants charged with federal crimes in New Jersey have challenged the legitimacy of Habba’s actions, arguing that any prosecutions she conducted after her interim term could be invalidated.

⚖️ Appeals Court Hearing

The 3rd Circuit Court of Appeals in Philadelphia is scheduled to hear arguments on Monday, with the Justice Department asserting that Habba’s role is valid under federal statute. The government contends that as the first assistant attorney — a position she was appointed to by the Trump administration — she has the legal authority to serve as acting U.S. attorney.

🌐 Broader Implications

A similar situation recently unfolded in Nevada, where a federal judge disqualified the administration’s pick for U.S. attorney. Legal experts note that the outcome of the Habba case could set precedent for how interim and acting appointments are treated nationwide, potentially impacting prosecutions and the structure of federal legal appointments.

As the appeals court prepares to hear arguments, all eyes will be on Philadelphia, where the fate of Habba’s tenure — and the validity of her actions since July — hangs in the balance.