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.

Fallout From a Controversial Tenure

Habba’s turbulent rise began when Trump tapped her as interim U.S. attorney in March, a role that required Senate confirmation—a step that never came. Her nomination ultimately collapsed under opposition from New Jersey’s two Democratic senators.

Once her 120-day interim authority expired, Chief U.S. District Judge Renée Marie Bumb appointed First Assistant U.S. Attorney Desiree Grace to serve. But Attorney General Pam Bondi swiftly dismissed Grace, installing Habba first as a special attorney, then as first assistant, effectively placing her atop the office despite the statutory constraints.

Court Rejects Justice Department’s “Retroactive First Assistant” Theory

U.S. Circuit Judge D. Michael Fisher, writing for the panel, said the law is unmistakably clear: only the first assistant in place when the vacancy arises may automatically step into the role of acting U.S. attorney under the FVRA. The court rejected the Justice Department’s argument that Habba could be retroactively designated and then “sprung forward” into the acting role.

“Habba is not the acting U.S. attorney … because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the FVRA,” Judge Fisher wrote.

Joining Fisher on the panel were U.S. Circuit Judges L. Felipe Restrepo, D. Brooks Smith, and Fisher himself.

Legal Teams Line Up in the High-Profile Dispute

Defense counsel:

• Julien Giraud Jr.: Thomas S. Mirigliano; Martin Cronin, Lawyers for the Rule of Law

• Julien Giraud III: Gina A. Amoriello

• Cesar Humberto Pina: Abbe D. Lowell, David A. Kolansky, Isabella M. Oishi, John P. Bolen; Gerald Krovatin; Norman L. Eisen; Joshua Kolb

Government counsel:
Katherine Twomey Allen and Henry C. Whitaker of the DOJ; Mark E. Coyne, Rachelle Navarro, Alison Thompson, Carolyn Silane, Aaron Webman, Edeli Rivera, Matthew Specht and Marko Pesce of the U.S. Attorney’s Office for the District of New Jersey.

As the legal aftershocks continue, the ruling leaves a blunt message: the guardrails of Senate confirmation and the FVRA are not optional—and even political heavyweights cannot bulldoze through them.