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3mo ago

Third Circuit Disqualifies Alina Habba From New Jersey U.S. Attorney Role

The unanimous ruling says the administration’s workaround violated the Federal Vacancies Reform Act.

Alina Habba, President Donald Trump's pick to be the interim US Attorney for New Jersey, speaks with reporters outside the White House, on March 26, 2025.
Alina Habba on March 28, 2025 in the Oval Office at the White House.
Image
(Left) Lindsey Halligan (Photo: AP Photo/Evan Vucci); (Right) Alina Habba (Photo: Saul Loeb/AFP via Getty Images).

Overview

  • A three-judge 3rd Circuit panel affirmed an August order disqualifying Habba, barring her participation in ongoing cases and upholding findings that she lacked lawful authority since July 1.
  • Judges concluded she could not serve as acting U.S. attorney because she was not the first assistant when the vacancy arose and was additionally blocked by the FVRA’s nomination bar.
  • The court rejected Attorney General Pam Bondi’s delegation of U.S. attorney powers to Habba, citing the FVRA’s exclusivity provision.
  • The dispute followed Bondi’s firing of court‑chosen successor Desiree Grace and a sequence of steps—withdrawn nomination, resignation, “special attorney” title, and first‑assistant designation—used to reinstall Habba.
  • The decision lands as other districts face similar challenges, including a Virginia ruling that led to dismissed indictments, and the Justice Department has indicated it will appeal.