In a sweeping rebuke that reverberated through the federal judiciary, the Third Circuit ruled Monday that former President Donald Trump’s onetime personal lawyer Alina Habba is unlawful U.S. attorney for the District of New Jersey, declaring her appointment unconstitutional and in violation of the Federal Vacancies Reform Act. The panel’s precedential opinion halts her authority over federal prosecutions—but stops short of overturning indictments she supervised.
Panel Says Appointment Undermined Constitutional Checks
A three-judge appellate panel upheld a lower court’s decision disqualifying Habba from overseeing high-stakes prosecutions, including cases against Julien Giraud Jr., Julien Giraud III, and real estate influencer Cesar “Flipping NJ” Pina. The judges likened her legally flawed appointment to forcing a key into a lock where it does not belong—possible to attempt, but impossible to justify.
Although the panel stripped Habba of her authority, it declined to toss the underlying charges in the pending cases.
