3–0 Panel Rules Habba Served Unlawfully; Order Stayed As DOJ Weighs Supreme Court Appeal
Monday, December 1, 2025, 2:45 P.M. ET. 5 Minute Read, By Jennifer Hodges, Political Editor: Englebrook Independent News,
PHILADELPHIA, PA.- The U.S. Court of Appeals for the Third Circuit unanimously ruled Monday that Acting U.S. Attorney and Special Attorney Alina Habba was unlawfully serving as New Jersey’s top federal prosecutor, affirming a blistering August ruling from a federal district court that disqualified her from the position.
The 3–0 decision, issued by a panel sitting in Philadelphia, held that the Trump administration’s maneuvers to retain Habba after her interim term expired violated the Federal Vacancies Reform Act (FVRA). The court said the Justice Department could not legally extend or repackage her authority through shifting titles or delegated powers.
The appellate court’s ruling is currently on hold to allow the Department of Justice to determine whether to petition the U.S. Supreme Court for review.
Third Circuit: White House Efforts To Retain Habba Violated Federal Law;
Writing for the panel, Judge D. Michael Fisher said the administration’s approach “ran afoul” of the FVRA by attempting to keep Habba in control of one of the nation’s most prominent U.S. Attorney’s Offices after her statutory interim term expired.
The court concluded:
- Habba could not become Acting U.S. Attorney by being retroactively designated “First Assistant” after the vacancy began.
- Trump’s formal nomination of Habba triggered the FVRA’s nomination bar, which barred her from serving as acting U.S. Attorney.
- Attorney General Pam Bondi’s attempt to keep Habba in place by designating her a “Special Attorney” with full U.S. Attorney powers violated the FVRA’s exclusivity provision.
The Third Circuit found no lawful pathway for Habba to have remained in office beyond the statutory 120-day interim window.
Lower Court’s August Ruling: Habba “Unlawfully Serving;”
The appellate ruling affirms the August 21, 2025, decision of Chief U.S. District Judge Matthew W. Brann, who held that Habba’s service became unlawful after July 1, 2025, when her interim appointment expired.
Judge Brann found:
- Habba’s interim 120-day term lapsed under the statute.
- New Jersey’s federal judges correctly selected Desiree LeighGrace, the standing First Assistant, to take over.
- The Attorney General’s firing of Grace and subsequent re-designation of Habba as First Assistant and Special Attorney were illegal attempts to bypass Senate confirmation requirements.
- Habba’s actions as U.S. Attorney, including at least one signed indictment, were invalid.
Brann stayed his own ruling, recognizing the disruption it could cause, but made clear that Habba was not legally serving in the role.
What Happens Next: DOJ Preparing Possible Supreme Court Appeal;
With a high-profile office and numerous federal prosecutions at stake, the Justice Department must now decide whether to:
- Seek a stay of the Third Circuit’s mandate, or
- File an appeal directly with the U.S. Supreme Court.
Until the mandate issues or unless a further stay is granted, questions remain about the validity of indictments, plea agreements, and investigations initiated under Habba’s leadership.
Political Pressure: Booker, Kim, And Jeffries Led Opposition To Habba;
Even before litigation began, Habba faced aggressive political blowback from New Jersey Democrats.
Senators Cory Booker and Sen. Andy Kim (D-N.J.)
The senators refused to return “blue slips” on Habba’s nomination and accused her of:
- Conducting politically motivated prosecutions,
- Targeting prominent Democrats,
- “Degrading” the office, and
- Lacking the experience and impartiality required of the state’s top federal law enforcement official.
After Judge Brann’s ruling, Booker and Kim praised the decision as a victory for the rule of law, saying the administration was “not above” statutory limits.
House Minority Leader Hakeem Jeffries (D-N.Y.)
Jeffries also intervened, urging New Jersey’s federal judges not to retain Habba after her interim term expired. His remarks triggered a House Ethics complaint, accusing him of improperly pressuring the judiciary.
Habba’s Turbulent Tenure;
Habba, a former defense attorney who gained prominence representing Donald Trump, became interim U.S. Attorney in March 2025. Her tenure was marked by:
- A failed prosecution of Newark Mayor Ras Baraka,
- A high-profile indictment of Rep. LaMonica McIver (D-N.J.),
- Ongoing investigations into state Democratic officials.
Supporters argued she was cracking down on entrenched political corruption; critics said she was acting as a political enforcer for the White House, except in the indictment of Rep. LaMonica McIver, where bodycam and facility camera footage clearly showed McIver assaulting federal officers.
National Impact;
The ruling poses broader implications, as federal courts in several states, including Nevada and Virginia, have questioned similar interim appointments made without Senate confirmation.
If allowed to stand, the Third Circuit’s decision could:
- Force DOJ to restructure leadership in key U.S. Attorney’s Offices,
- Invite legal challenges to federal prosecutions tied to improperly appointed officials,
- Reinforce the role of the Senate and federal judges in checking politically motivated appointments.
Editor’s Note:
This report is based on the official August 21, 2025, ruling of Chief U.S. District Judge Matthew W. Brann, the December 1, 2025, precedential opinion of the U.S. Court of Appeals for the Third Circuit, and verified coverage from Reuters, the Associated Press, Courthouse News Service, New Jersey Monitor, New Jersey Globe, and States News. All legal quotations and procedural descriptions are taken directly from these publicly available court documents and established news sources.
As always, this article reflects Englebrook Independent News’ commitment to fact-based, evidence-supported reporting. We never publish speculation, partisan distortion, or unsupported claims — only verifiable truth, as our readers deserve. — Jennifer Hodges, Political Editor.
