NEW JERSEY (LOOTPRESS) – The U.S. Court of Appeals for the Third Circuit on Monday upheld a lower court decision that disqualified Alina Habba from serving as acting U.S. attorney for the District of New Jersey, rejecting the federal government’s efforts to keep her in the post.
The ruling centers on a challenge brought by Julien Giraud Jr., a New Jersey man charged with drug trafficking and firearm offenses predating Habba’s appointment. On July 27, Giraud sought to have his indictment dismissed, arguing that former President Donald Trump’s appointment of Habba—who had assumed oversight of his case—violated federal law. Although Giraud pleaded not guilty, the appeals court declined to throw out the underlying criminal case.
Habba, previously known for her work as Trump’s personal attorney, was appointed interim U.S. attorney in March. Under federal statute, such interim appointments expire after 120 days unless the Senate confirms a permanent successor. In June, Trump nominated Habba for the permanent role, but the Senate did not take up her nomination.
In an August ruling, U.S. District Judge Matthew W. Brann determined that Habba’s continued service exceeded the limits of the interim appointment and was therefore “unlawful.” That ruling remained on hold while the case proceeded on appeal—until Monday’s affirmation by the Third Circuit.
The dispute deepened over the summer when judges of the U.S. District Court for the District of New Jersey appointed Habba’s deputy to serve as U.S. attorney. In response, Attorney General Pam Bondi dismissed the deputy, named Habba “Special Attorney to the Attorney General,” and then reinstated her to the deputy role—effectively restoring her status as acting U.S. attorney.
The Third Circuit’s decision now cements the lower court’s conclusion that the maneuvering ran afoul of federal appointment rules, leaving the Justice Department to determine who will lawfully lead the New Jersey office as Giraud’s prosecution continues.
