Legal drama in the Garden State is unfolding as Alina Habba—best known for being Donald Trump’s go-to attorney—just got booted from her role as acting U.S. attorney for New Jersey after a blistering federal appeals court ruling. On Monday, the 3rd Circuit Court of Appeals delivered a unanimous verdict confirming Habba’s disqualification, shaking up the Trump team’s controversial approach to sidestepping Senate confirmation for top legal positions.

The saga stems from allegations tossed at Habba’s appointment by three New Jersey defendants facing federal charges. They argued in court that Habba’s placement was a clear violation of the Federal Vacancies Reform Act, and demanded their indictments be thrown out. Back in August, U.S. District Judge Matthew Brann fired the first shots—declaring Habba’s July appointment unlawful and ordering her immediate removal from all active cases.

July 18, 2024; Milwaukee, WI, USA; Alina Habba, Donald J. Trump’s attorney, speaks during the final day of the Republican National Convention at the Fiserv Forum. The final day of the RNC featured a keynote address by Republican presidential nominee Donald Trump. Mandatory Credit: Jasper Colt-USA TODAY

Not willing to let it go, the Justice Department escalated the fight to the appeals court. But Monday’s judgment marks the first time a federal appeals court has weighed in on this unprecedented strategy for installing temporary prosecutors—handing the Trump camp a major legal setback.

Habba’s reign as interim U.S. attorney began earlier this year, but her 120-day term was always hanging by a thread. The only way to extend her gig? A district court vote—or the elusive Senate stamp of approval. Yet with New Jersey’s Democratic duo, Senators Cory Booker and Andrew Kim, firmly against her nomination, Habba’s chances looked grim from the get-go.

Jan 20, 2025; Washington, DC, USA; Alina Habba, attorney for President Donald Trump, attends the 60th Presidential Inauguration in the Rotunda of the U.S. Capitol in Washington, Monday, Jan. 20, 2025. Mandatory Credit: Julia Demaree Nikhinson-Pool via Imagn Images

And then came crunch time. With the deadline approaching, New Jersey judges rejected Habba’s continued leadership and instead positioned her deputy, Desiree Leigh Grace, as the new acting U.S. attorney. Their move triggered instant backlash from Attorney General Pam Bondi, setting the stage for more fireworks in the state’s legal and political arena.

Stay tuned—the battle for New Jersey’s top federal prosecutor spot just got supercharged.

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