Court rejects appeal to reinstate Habba as NJ prosecutor
By: Kyle Morel
NorthJersey.com
USA Today Network - New Jersey
..... A federal court has rejected the latest appeal by the Department of Justice to reinstate Alina Habba as the top federal prosecutor for New Jersey.
.....
The 3rd Circuit Court denied the request to return Habba to the position of U.S. attorney for New Jersey in a decision signed January 26 [2026] by Judge d, Michael Fisher. The move upheld a December 1 [2025] ruling that said Habba a former personal lawyer to President Donald Trump, was unlawfully appointed to the post.
..... The Justice Department and Attorney General Pam Bondi submitted a filing January 14 [2026] asking for a "rehearing enhance" regarding Habba's situation. The term refers to a rare legal move in which all active judges on an appellate court rehear a case, rather than a single judge or a smaller panel.
..... Habba was named interim U.S. attorney for New Jersey in March 2025, though her appointment was challenged as unconstitutional because it was not subject to a Senate confirmation hearing.
..... After Habba's 120-day interim status expired in July, [2025] New Jersey District Court judges voted to promote First Assistant U.S. Attorney Desiree Leigh Grace to the role. but the Trump administration quickly fired Grace and named Habba acting U.S. attorney so she could remain in the position.
..... Habba stepped down from her role on December 8 [2025] a week after the initial appeals court ruling. She said in a post on X that the resignation was "to protect the stability and integrity of the office." The post also said: "Do not mistake compliance for surrender."