An appellate court ruled on Monday (December 1) that Alina Habba, a former personal lawyer to President Donald Trump, unlawfully served as the top federal prosecutor in New Jersey. The U.S. Court of Appeals for the 3rd Circuit upheld a lower court's decision, stating that Habba's appointment violated the Federal Vacancies Reform Act. The ruling is a setback for President Trump, who has been working to keep his preferred nominees in key positions in blue states.

The decision arose from a motion by Julien Giraud Jr., a New Jersey resident facing drug trafficking and firearm charges, who argued that Habba's appointment was unlawful. Although the court upheld the disqualification, it did not dismiss Giraud's criminal case.

The controversy began when President Trump appointed Habba as interim U.S. attorney in March, a role limited to 120 days. In June, he nominated her for the permanent position, but the Senate did not act on the nomination. Subsequently, judges for the U.S. District Court of New Jersey appointed her deputy as the new U.S. attorney. In response, Attorney General Pam Bondi appointed Habba as “Special Attorney to the Attorney General,” allowing her to become the acting U.S. attorney again.

The appeals court's decision comes shortly after a federal judge dismissed criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James, citing the unlawful appointment of another former Trump lawyer, Lindsey Halligan.

Judge Michael Fisher noted that the current administration has faced legal and political challenges in placing its appointees, highlighting the ongoing difficulties in the Trump administration's efforts to maintain control over federal appointments.

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