DOJ asks court to reconsider Habba disqualification
By: Ricardo Kaulessar
NorthJersey.com
USA Today Network - New Jersey
..... The Justice Department wants Alina Habba to continue as U.S. attorney for New Jersey and has asked a federal appeals court to reverse its decision that led to her resignation from the post.
.....
U.S. Attorney Pam Bondi and several Justice Department attorneys in the filing, submitted on January 14, [2026] seek a "rehearing en bane" by the 3rd Circuit court of Appeals, which in December [2025[ upheld a ruling that Habba's appointment was illegal, disqualifying her from supervising cases as the top feral prosecutor in New Jersey.
..... The "rehearing en banc" is when a losing party in a case requests that all the active judges on an appellate court rehear the case, excluding the tree judges who did the Habba ruling. It is considered a rare legal move.
..... In august, [2025] distinct Judge Matthew Brann handed down a ruling that Habba's appointment was unlawful. That ruling was upheld in December [2025] by the 3rd Circuit Judges D. Brooks,Smith, D. Michale Fisher and L. Felipe Restrepo.
..... Habba stepped away a week after the December [2025] decision to become senior adviser to Bondi, focusing on U.S. attorneys nationwide. The Justice department named three lawyers to lead the New Jersey U.S. Attorney's Office.
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The Justice Department in its filing, argues that there should be a rehearing en banc because the decision by the three-judge panel to disqualify Habba "has cerated further uncertainty in the District of New Jersey," citing that defendants in several criminal cases are "challenging the current supervisory structure in the U.S. Attorney's Office.
..... Habba, a New Jersey native who was a longtime personal attorney to President Donald Trump and legal adviser to his presidential campaign, was named the interim U.S. Attorney for New Jersey in March. [2025]
..... However, her appointment was challenged by criminal defendants in two separate federal cases, Julien Giraud and Cesar Pina, because her appointment was unconstitutional as it was not subject to a confirmation hearing in the U.S. senate.
..... Habba was initially not allowed to serve beyond the 120 days allotted for interim U.S. attorneys when New Jersey's District Court judges voted to end her interim status in July [2025] and elevated Desire Leigh Grace, the first assistant U.S. attorney for New Jersey, to the post. But Grace was never elevated to the post, and Habba was named acting U.S. attorney to keep her in the job.