Labor & Employment Law Daily Wrap Up, DOJ NEWS—Bondi announces new position for Alina Habba, additional personnel appointments in New Jersey, (Dec 10, 2025)

By WK Editorial Staff

Last week, the Third Circuit affirmed that Habba, formerly a personal lawyer for President Trump, was not lawfully installed as Acting U.S. Attorney for the District of New Jersey.

On Monday, December 8, the Department of Justice (DOJ) issued a press release indicating that, following Attorney General Bondi's announcement that Alina Habba—whom the Third Circuit determined was not lawfully installed as Acting U.S. Attorney for the District of New Jersey—will now serve as Senior Advisor to the Attorney General for United States Attorneys, Deputy Attorney General Todd Blanche further announced several personnel appointments and authorizations within the District of New Jersey.

On December 1, the Third Circuit concluded that Habba, who was formerly a personal lawyer for President Trump, is not the Acting U.S. Attorney for the District of New Jersey by virtue of her appointment as First Assistant U.S. Attorney because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the Federal Vacancies Reform Act (FVRA). Additionally, because Habba was nominated for the vacant U.S. Attorney position, the FVRA’s nomination bar prevents her from assuming the role of Acting U.S. Attorney. Finally, according to the federal appeals court, the Attorney General’s delegation of all the powers of a U.S. Attorney to Habba is prohibited by the FVRA’s exclusivity provision.

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