Appeals Court Reviews New Jersey Acting U.S. Attorney Habba's Appointment Amid Legal Challenges

Federal appeals court judges of the 3rd U.S. Circuit Court of Appeals have expressed skepticism regarding the Trump administration's efforts to retain Alina Habba as the acting U.S. Attorney for New Jersey, a role she assumed following a controversial appointment by Attorney General Pam Bondi. Habba's 120-day interim term expired in July, and after New Jersey federal judges declined to keep her in the position, Bondi fired her replacement and reappointed Habba as a "special attorney," a move challenged as unlawful in court. The judges questioned the constitutional implications of this appointment process, with concerns raised about a possible circumvention of the Appointments Clause. Justice Department attorney Henry Whitaker defended the government’s actions as lawful and necessary to maintain continuity in the office. Habba, who is a close ally and former personal lawyer of President Donald Trump, defended her role as a fight against political obstruction and for candidates denied Senate hearings. No ruling has yet been issued, but if the court determines Habba's service unlawful, it could cause significant disruption to prosecutions in New Jersey.