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Trump’s N.J. prosecutor pick Alina Habba disqualified: Appeals court

Alina Habba speaks after being sworn in as U.S. Attorney for New Jersey in the Oval Office of the White House in Washington, DC on March 28, 2025.

Saul Loeb | Afp | Getty Images

Alina Habba, President Donald Trump’s pick to serve as New Jersey’s top federal prosecutor, is disqualified from serving in the post in a permanent or acting capacity, a U.S. appeals court ruled Monday.

A panel of three judges on the U.S. Court of Appeals for the Third Circuit 32 page opinionunanimously upheld the lower federal court’s Aug. 21 ruling that Habba was unlawfully appointed.

“It is clear that the current administration is frustrated by some of the legal and political obstacles to appointing appointees,” Circuit Judge D. Michael Fisher wrote in the appeal decision. he wrote.

The Justice Department’s unusual legal moves to appoint Habba, one of Trump’s former personal attorneys, as acting U.S. attorney illustrate the “challenges it faces,” Fisher wrote.

“Nevertheless, the citizens of New Jersey and the loyal employees of the U.S. Attorney’s Office deserve some clarity and stability,” the judge wrote.

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