The Following Content Has Been Provided by:Joe Kovacs
Alina Habba, a MAGA warrior for President Donald Trump, was disqualified Monday from serving as U.S. attorney for the District of New Jersey.
The decision came from the Third Circuit Court of Appeals, as the three-judge panel concurred with the defendants who claimed her appointment was unlawful.
“Habba is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant 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,” the court stated.
BREAKING: The Deep State struck again! An appeals court upholds ruling to disqualify Alina Habba, Trump’s STELLAR pick for NJ US Attorney, claiming his admin used an “illegal method.”
The supposed judges whine that it could let “anyone” hold the job indefinitely.
Total BS… pic.twitter.com/77VHYmFyOu
— Gunther Eagleman
(@GuntherEagleman) December 1, 2025
(@GuntherEagleman) “Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney.”
“Under the Government’s delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto U.S. Attorney indefinitely,” the judges wrote. “This view is so broad that it bypasses the constitutional (appointment and Senate confirmation) process entirely.”
NEWS
Alina Habba remains DISQUALIFIED as U.S. Attorney as Third Circuit affirms. https://t.co/F6nS37Meca pic.twitter.com/nh49jDrmgY
— Adam Klasfeld (@KlasfeldReports) December 1, 2025
In August, Middle District of Pennsylvania Chief Judge Matthew W. Brann, a Barack Obama appointee, said Habba was disqualified and noted her actions “may be declared void.”
When her original 120-day temporary appointment expired in July, a panel of federal judges appointed her deputy to head the New Jersey office, prompting U.S. Attorney General Pam Bondi to remove the deputy and appoint Habba to the position of acting U.S. attorney.
Judge D. Michael Fisher, an appointee of former President George W. Bush, wrote in the court’s opinion that U.S. attorney offices “are some of the most critical agencies in the Federal Government.”
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Fisher explained.
“Its efforts to elevate its preferred candidate for U.S. Attorney for the District of New Jersey, Alina Habba, to the role of Acting U.S. Attorney demonstrate the difficulties it has faced – yet the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.”
The case could be headed to the U.S. Supreme Court.
As WorldNetDaily reported in August, Habba alleged “collusion” against her as she calls out Republican senators she says are trying to block her confirmation.
Appearing on “Sunday Morning Futures” with Maria Bartiromo on the Fox News Channel, Habba criticized U.S. Sen. Tillis of North Carolina and Senate Judiciary Committee Chairman Sen. Chuck Grassley of Iowa for what she called “the new lawfare.”
“The president was rightfully voted in by a majority of Americans, and he is entitled to pick his U.S. attorneys, his Department of Justice officials, his judges, so that we can continue the agenda that the American public voted for which is to get rid of crime,” Habba began.
BREAKING: Acting US Attorney Alina Habba just SLAMMED Thom Tillis and Chuck Grassley for blocking her confirmation
“I would say to Sen. Tillis and Sen. Grassley: YOU are becoming part of the issue. YOU are becoming part of the antithesis of what we fought for FOUR YEARS!”… pic.twitter.com/T5diuwqElG
— Nick Sortor (@nicksortor) August 24, 2025
“In the state of New Jersey in June alone, we arrested over 300 criminals, illegals, rapists. What is so bad about that work?”
“The truth is it has nothing to do with the work that we’re doing. It has nothing to do with the crime that we’re stopping. It has to do with trying to prevent President Trump from continuing his agenda, and it has to stop!”
“So I would say to Sen. Tillis and Sen. Grassley: You are becoming part of the issue. You are becoming part of the antithesis of what we fought for four years.”
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