Trump DOJ Asks Full Third Circuit to Allow Habba Appointment (1)

The Trump administration asked a federal appeals court Wednesday to review a panel’s decision that Alina Habba, the president’s pick to lead the New Jersey US attorney’s office, was unlawfully appointed.

A three-judge panel for the US Court of Appeals for the Third Circuit on Dec. 1 held the Justice Department unlawfully named Habba, a former personal attorney for President Donald Trump, as acting US attorney when her appointment on an interim basis expired after 120 days.

DOJ is asking both the three-judge panel and the en banc court to review the case. Habba, who resigned after the panel’s decision, said she’ll return if it’s reversed.

The Third Circuit judges ruled that the Federal Vacancies Reform Act bars someone from serving on an acting basis if the president submitted their nomination to the Senate. Trump previously nominated Habba for a four-year term but later withdrew her nomination as the administration took a series of unusual steps to elevate Habba to the positions of “special attorney” and acting US attorney.

Other courts have found that temporary US attorneys in New Jersey, New York, Los Angeles, Nevada, and Virginia were illegally serving in their positions. The top federal prosecutor in New Mexico is also facing a court challenge on his appointment.

DOJ also filed Wednesday a signed declaration from Habba, who wrote that she intends to return to her role leading the US attorney’s office if the Third Circuit or Supreme Court reverses the panel’s ruling.

Habba, who is now serving as a senior adviser for US attorneys at DOJ, said she left her prior role “because I did not and do not want the controversy over my authority to lead the USAO-NJ to interfere with the Office’s critical and important work.”

Leadership of the New Jersey US attorney’s office is now shared among three individuals with responsibilities delegated by Deputy Attorney General Todd Blanche.

The Third Circuit judges who would hear the case en banc include Emil Bove, a former top Trump DOJ official who was confirmed to the federal court in July. Bove recently faced a judicial misconduct complaint over his attendance at a campaign-style presidential rally in Pennsylvania in December, a highly unusual move by a sitting judge.

The cases are USA v. Pina, 3d Cir., No. 25-2636 and USA v. Giraud, 3d Cir., No. 25-02635, petition filed 1/14/26.