OAN Staff Brennan Cooney
5:18 PM – Monday, October 20th, 2025
A three-judge panel of the U.S. Court of Appeals in Philadelphia heard arguments regarding whether Alina Habba lawfully continues serving as the U.S. Attorney for the District of New Jersey — with the Trump administration defending her appointment as fully compliant with federal law.
On Monday, the 3rd U.S. Circuit Court of Appeals heard from both parties questioning Department of Justice (DOJ) attorneys defending Habba’s appointment for over an hour. The hearing lasted nearly 90 minutes, according to one source.
Defendants facing charges brought against them by Habba’s office have since contested their cases on the grounds she was “not lawfully appointed.”
However, DOJ officials contend that the sequence of her appointment — her transition from interim U.S. Attorney, then re-designation as first assistant, then automatic assumption of the acting role — complies with the Federal Vacancies Reform Act (FVRA).
“Would you concede that there are serious constitutional implications to your theory, or the Government’s theory, which really is a complete circumvention it seems of the Appointments Clause?” asked Judge D. Brooks Smith.
Advertisement“I do disagree with that, Judge Smith. The office of the United States attorney is an inferior office” not requiring Senate confirmation, a DOJ lawyer responded. “There’s no question that Ms. Habba was appointed by the attorney general, so any Appointments Clause problem has been fully satisfied by the fact that she has an AG appointment.”
Habba initially served as the interim U.S. Attorney for New Jersey until her 120-day term expired.
After stepping down, she was reappointed as a special attorney within the Justice Department, designated as the first assistant U.S. Attorney, and subsequently delegated the full authority of the office — effectively allowing her to continue serving as New Jersey’s top federal prosecutor.
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