by WorldTribune Staff, December 1, 2025 Real World News
A federal appeals court has upheld a lower court’s ruling that disqualifies Trump-appointed U.S. Attorney in New Jersey Alina Habba.
A panel of three judges from the 3rd U.S. Circuit Court of Appeals sitting in Philadelphia sided with a lower-court judge’s ruling.
The White House has called Habba “interim U.S. attorney,” “acting U.S. attorney,” “first assistant U.S. attorney,” and “special attorney.”
The court concluded that Habba “does not have the authority to lead the U.S. attorney’s office for the District of New Jersey under any of those titles.”
The judges are Dennis Michael Fisher and David Brooks Smith, both George W. Bush appointees; and Luis Felipe Restrepo, an Obama appointee. The judges ruled that Habba’s service was unconstitutional and violated the Federal Vacancies Reform Act.
Habba has not been confirmed by the Senate because both of New Jersey’s Democrat senators, Cory Booker and Andy Kim, have refused to allow her a confirmation hearing.
Republicans leaders in the Senate are equally to blame, critics say, because Senate Judiciary Committee Chairman Chuck Grassley continues to honor the so-called “blue slip” custom which extends to home-state senators, allowing them to obstruct federal judicial and U.S. attorney nominations.
“There has been ample time to confirm Habba and other MAGA patriots for full-time US Attorney positions, but so-called institutionalists like Senator Chuck Grassley are too busy trying to pacify Senate Democrats, using the so-called ‘blue slip’ custom as an excuse,” The Gateway Pundit’s Cullen Linebarger noted.
Habba is the second Trump-appointed U.S. attorney to have her credentials questioned by activist judges.
The Trump Administration is also fighting to keep Interim U.S. Attorney for the Eastern District of Virginia Lindsey Halligan in her position after another court threw out indictments against former FBI Director James Comey and New York Attorney General Letitia James. The court argued that Halligan was unlawfully appointed to her position.
🚨 BREAKING: In an infuriating development, activist judges have just DISQUALIFIED Alina Habba as U.S. Attorney in New Jersey.
The Senate GOP is making this WORSE by refusing to surge her confirmation past Democrats, letting them stonewall her nomination.
FIX IT, SENATE GOP! pic.twitter.com/ItTat1n5ic
— Eric Daugherty (@EricLDaugh) December 1, 2025
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