More legal opposition to acting U.S. Attorney Alina Habba’s authority

Former U.S. attorneys say Trump administration violated federal law trying to reinstall Habba to NJ post

Briana Vannozzi, Anchor | October 9, 2025 | Politics

A bipartisan group of 10 former U.S. attorneys are saying in a legal filing that the Trump administration violated federal law in its actions to reinstall Alina Habba as New Jersey’s acting U.S. attorney after her interim term expired.

In the filing, the group states that the decision threatens the checks and balances meant to prevent presidents from installing “unfit characters” into important roles by bypassing Senate confirmation.

Habba, a former personal attorney to President Donald Trump, was first appointed to the interim role in March but was never confirmed by the Senate. When her interim term expired in July, First Assistant to the U.S. Attorney Desiree Grace was selected to take Habba’s place. U.S. Attorney General Pam Bondi then fired Grace. Habba was then appointed to the first assistant role and, with the top role in the office vacant, she was allowed to assume the role of acting U.S. attorney to New Jersey.

Two other amicus briefs have been filed in the case against Habba by a bipartisan group of former and current members of Congress, including Rep. Frank Pallone (D-6th), who helped pass a 2007 law about presidential appointments.

Habba remains in office despite a federal judge’s ruling that found her position there unlawful. The Trump administration appealed to the U.S Third Circuit of Appeals, with oral arguments slated to start Oct. 20.