Trump’s Pick Blocked: Habba Disqualified as U.S. Attorney in Stunning Court Rebuke

Paul Riverbank, 12/4/2025 A federal court firmly disqualified Alina Habba as U.S. Attorney for New Jersey, citing constitutional rules. The ruling underscores the need for Senate confirmation and signals broader repercussions for Trump-era appointments and future federal nominations.

Federal law is pretty plain about certain things, even if politics rarely is. When it comes to who gets to wear the title of U.S. Attorney, the Constitution requires both a presidential nod and, crucially, the blessing of the Senate. These aren’t ceremonial hurdles. “The citizens of New Jersey... deserve some clarity and stability,” wrote Judge Michael Fisher. You could almost hear the exasperation behind those words.

But let’s put flesh on those bones. Habba, previously best known for her courtroom skirmishes defending Donald Trump’s businesses and reputation, was handed the keys (temporarily) with scant experience as a federal prosecutor. When the Trump administration—via Attorney General Pam Bondi—named her interim chief, a wave of questions followed like clockwork. Rumors swirled in courthouse halls, staff quieted conversations when outsiders entered the break room. Would she stay? Could she lead? Was her authority legitimate—or a house of cards?

Strictly speaking, Congress has allowed some wiggle room: interim posts sometimes go to career prosecutors who know the ropes. But Habba wasn’t part of the office’s internal fabric. Once her short-term stint ran its course, a cluster of federal judges stepped in and tapped the next in command, Desiree Grace, to guide the staff until the smoke cleared. Instead, the administration doubled down—firing Grace, hunting for legal loopholes, and arguing that Bondi could delegate sweeping powers to Habba, Senate be damned.

Courtrooms across New Jersey filled with uncertainty. Even defense attorneys got in on the tangle, arguing their clients’ cases should collapse if Habba had signed off without authority. On the inside, muddle reigned: whose signature counted? Could a warrant actually go through? The ruling spells out why these weren’t just bureaucratic snags, but questions about whether the machinery of justice was still grinding away as intended.

There’s also the small matter of tradition. In the Senate, the blue-slip custom stands as both obstacle and shield for home-state senators, offering them the power to softly—or not so softly—veto any presidential favorite they don’t like. Trump was never coy about his dislike of that bit of senatorial gamesmanship, but even Republican voices proved reluctant champions for Habba, letting her nomination languish.

Precedent, too, sits uneasily on the scales. In California, a judge let a similar Trump pick hang around in the number-two role. But the New Jersey judges were less forgiving, seeing such maneuvers as undercutting the Constitution’s intent—no back doors, no shadow appointments.

So what’s left? The Trump team might knock on the Supreme Court’s door, hoping for a ruling that cements their view. They could argue, yet again, that Habba should remain as a deputy. But the lesson here runs deeper than any one nameplate on an office door. Federal prosecutors aren’t just figureheads—they need public confidence and a legal foundation. The court, in plain language, drew a line: appointments shouldn’t be slipped through a legal side entrance when the front door is clearly marked.

For now, the chapter closes with more questions than answers, and cases Habba touched might face extra scrutiny. It’s a reminder—federal rules exist to guard both justice and its appearance. Anything less sacrifices stability, and, as Judge Fisher made clear, that’s something neither the staff nor the citizens of New Jersey should have to put up with.

The saga over Alina Habba’s brief and fraught time as would-be U.S. Attorney for New Jersey met an unambiguous ending this week, courtesy of a pointed court opinion. If the last few months felt like a drawn-out legal soap opera, the Third Circuit panel showed little appetite for letting the drama continue.Federal law is pretty plain about certain things, even if politics rarely is. When it comes to who gets to wear the title of U.S. Attorney, the Constitution requires both a presidential nod and, crucially, the blessing of the Senate. These aren’t ceremonial hurdles. “The citizens of New Jersey... deserve some clarity and stability,” wrote Judge Michael Fisher. You could almost hear the exasperation behind those words.But let’s put flesh on those bones. Habba, previously best known for her courtroom skirmishes defending Donald Trump’s businesses and reputation, was handed the keys (temporarily) with scant experience as a federal prosecutor. When the Trump administration—via Attorney General Pam Bondi—named her interim chief, a wave of questions followed like clockwork. Rumors swirled in courthouse halls, staff quieted conversations when outsiders entered the break room. Would she stay? Could she lead? Was her authority legitimate—or a house of cards?Strictly speaking, Congress has allowed some wiggle room: interim posts sometimes go to career prosecutors who know the ropes. But Habba wasn’t part of the office’s internal fabric. Once her short-term stint ran its course, a cluster of federal judges stepped in and tapped the next in command, Desiree Grace, to guide the staff until the smoke cleared. Instead, the administration doubled down—firing Grace, hunting for legal loopholes, and arguing that Bondi could delegate sweeping powers to Habba, Senate be damned.Courtrooms across New Jersey filled with uncertainty. Even defense attorneys got in on the tangle, arguing their clients’ cases should collapse if Habba had signed off without authority. On the inside, muddle reigned: whose signature counted? Could a warrant actually go through? The ruling spells out why these weren’t just bureaucratic snags, but questions about whether the machinery of justice was still grinding away as intended.There’s also the small matter of tradition. In the Senate, the blue-slip custom stands as both obstacle and shield for home-state senators, offering them the power to softly—or not so softly—veto any presidential favorite they don’t like. Trump was never coy about his dislike of that bit of senatorial gamesmanship, but even Republican voices proved reluctant champions for Habba, letting her nomination languish.Precedent, too, sits uneasily on the scales. In California, a judge let a similar Trump pick hang around in the number-two role. But the New Jersey judges were less forgiving, seeing such maneuvers as undercutting the Constitution’s intent—no back doors, no shadow appointments.So what’s left? The Trump team might knock on the Supreme Court’s door, hoping for a ruling that cements their view. They could argue, yet again, that Habba should remain as a deputy. But the lesson here runs deeper than any one nameplate on an office door. Federal prosecutors aren’t just figureheads—they need public confidence and a legal foundation. The court, in plain language, drew a line: appointments shouldn’t be slipped through a legal side entrance when the front door is clearly marked.For now, the chapter closes with more questions than answers, and cases Habba touched might face extra scrutiny. It’s a reminder—federal rules exist to guard both justice and its appearance. Anything less sacrifices stability, and, as Judge Fisher made clear, that’s something neither the staff nor the citizens of New Jersey should have to put up with.