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Third Circuit Blocks Alina Habba From Serving as New Jersey U.S. Attorney, Citing FVRA Violation

The Third Circuit unanimously affirmed a lower-court order barring Alina Habba from serving as New Jersey’s U.S. Attorney, ruling she was "unlawfully serving." The court found Attorney General Pam Bondi could not bypass the Federal Vacancies Reform Act by elevating Habba after her 120-day acting term. Judges had attempted to install their own nominee at the expiration of that term; Bondi blocked the choice and promoted Habba, prompting challenges from defendants who cited due process concerns. The appeals panel said only the first assistant in place when a vacancy arises may automatically assume the office’s duties.

10:57 PM, 12/01/2025Politics
Third Circuit Blocks Alina Habba From Serving as New Jersey U.S. Attorney, Citing FVRA Violation

A federal appeals court on Monday affirmed a lower-court order preventing Alina Habba, former personal lawyer to President Donald Trump, from serving as New Jersey’s chief federal prosecutor. The Third Circuit issued a unanimous 3-0 decision, delivered by a panel that included two Bush-era appointees and one judge nominated during the Biden administration.

The dispute began in July when Habba, who had been serving as an acting U.S. Attorney, reached the end of a 120-day acting term. New Jersey district judges sought to install their preferred nominee at the end of that period. Attorney General Pam Bondi intervened, blocked the judges’ choice, removed that nominee from the role, publicly rebuked the court, and then elevated Habba into the office.

Court’s Reasoning

Defendants in cases across the state challenged Bondi’s actions, arguing that defendants have a constitutional right to be prosecuted only by a duly authorized U.S. Attorney and that Habba’s irregular appointment undermined fundamental due process protections. The appeals court agreed, finding that Bondi could not evade the Federal Vacancies Reform Act (FVRA) by naming Habba either as acting U.S. Attorney or as First Assistant.

“Only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office,”

The panel emphasized that Bondi’s delegation of the full powers of a U.S. Attorney to Habba was prohibited under the statutory framework governing federal vacancies. The decision therefore upholds the lower court’s finding that Habba was "unlawfully serving" in the post.

Implications

The ruling resolves a months-long clash between the Justice Department’s leadership and New Jersey’s federal bench over control of the U.S. Attorney’s office. It reinforces limits in the FVRA on how vacancies in key federal offices may be filled and affirms defendants’ ability to challenge the authority of prosecutors appointed in violation of that statute.

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