An appellate court found on Monday that Alina Habba is unlawfully serving as the top prosecutor in New Jersey, delivering a blow to President Donald Trump as he fights to keep his preferred nominees in charge of U.S. attorneys’ offices in blue states.

A three-judge panel for the U.S. Court of Appeals for the 3rd Circuit said in a unanimous order that a lower court was correct to disqualify Habba, a fiery Trump loyalist who previously served as the president’s personal defense lawyer.

The Trump administration’s argument would “effectively [permit] anyone to fill the U.S. Attorney role indefinitely,” the panel wrote, adding that “this should raise a red flag.” 

The administration could ask for a full panel of 3rd Circuit judges to reconsider the decision, or it could turn to the Supreme Court to weigh in. Fox News Digital reached out to the Department of Justice and a Habba spokesperson for comment.

TRUMP APPOINTS HABBA AS ‘ACTING’ US ATTORNEY AFTER JUDGES OUSTED HER

The three-judge panel heard arguments on Habba’s appointment in October and grilled a DOJ lawyer over the unconventional way Trump and Attorney General Pam Bondi reinstalled Habba as U.S. attorney after her initial, temporary appointment expired.

Habba is one of several names who became jammed up in court proceedings over allegations that Trump sidestepped the Senate and improperly exploited loopholes in federal vacancy laws to keep his preferred prosecutors in place.

Habba’s case was the furthest along in the court process, but Lindsey Halligan and Bill Essayli, temporary U.S. attorneys in Virginia and California, respectively, are among those also facing high-stakes court challenges to their appointments. A federal judge found last week that Halligan was unlawfully serving in her role, but the administration has vowed to appeal the decision.

The panel that heard Habba’s case comprised two appointees of former President George W. Bush and an appointee of former President Barack Obama.

TRUMP’S US ATTORNEYS IN BLUE STATES FACE LEGAL CHALLENGES THAT COULD UPEND KEY PROSECUTIONS

The judges had voiced skepticism of DOJ lawyer Henry Whitaker’s claims that Bondi had authority to fill the vacancy for the U.S. attorney of New Jersey after Trump fired the court-appointed one. Whitaker said the administration simply took advantage of “overlapping mechanisms” afforded to it by Congress.

“In this case, the executive branch admittedly took a series of precise and precisely timed steps not to evade or circumvent those mechanisms but rather to be scrupulously careful to comply with them,” Whitaker said.

One of the judges said during the oral arguments that he viewed Habba’s case as unusual and possibly unconstitutional.

“Would you concede that the sequence of events here, and for me, they’re unusual, would you concede that there are serious constitutional implications to your theory here, the government’s theory, which really is a complete circumvention, it seems, of the appointments clause?” the judge asked.

Veteran D.C. lawyer Abbe Lowell, known for his involvement in lawsuits challenging the Trump administration, represented the defendants contesting Habba’s appointment.

Two sets of defendants facing run-of-the-mill charges brought the challenge to Habba, saying she should not be allowed to prosecute them because she was an invalid U.S. attorney.

TRUMP NOMINEES SQUEEZED BETWEEN ‘BLUE SLIPS’ AND BLUE OBSTRUCTION

Habba had no path to Senate confirmation, in part because New Jersey’s Democratic senators, Cory Booker and Andy Kim, did not approve of her through the Senate’s blue slip tradition.

That precedent has drawn Trump’s ire as Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, stands firmly behind blue slips, which require home state senators to approve of U.S. attorney and district judge nominees.

Trump recently conveyed, through his firing of former U.S. Attorney Erik Siebert, that earning Democratic senators’ approval could be disqualifying in his view, setting up a stalemate with the upper chamber over his nominees in blue states.

The Boston City Council unanimously backed a resolution that calls for the Wu administration to release updated cost estimates for the city’s taxpayer-funded half of a public-private plan to rehab White Stadium for a professional soccer team.

The Council voted, 12-0, Wednesday for a resolution put forward by Councilor Julia Mejia “in support of demanding updated cost estimates for the White Stadium project” — a figure the mayor during her reelection campaign committed to disclosing by the end of the year but has not yet provided.

“This resolution is to ensure that the City Council and the people of Boston know the exact financial commitment the city is being asked to take on,” Mejia said. “The last public estimate was over $100 million, and we have every reason to suspect that the number has changed as construction costs continue to rise.

“Yet no updated cost breakdown has been presented to this body or the public. We cannot govern responsibly without real numbers. We cannot ask residents to trust a project with a price tag that is still unclear, and we cannot move forward with a proposal of this scale without a full transparent process that lets us know what the city is on the hook for.”

Mejia held a press conference with opponents of the White Stadium project and Councilors Ed Flynn and Erin Murphy, who co-sponsored the resolution, ahead of the day’s Council meeting.

Flynn said the resolution’s request was for the city to provide “basic and transparent information on how much the White Stadium plan is going to cost the residents.”

“I think residents do want to know how much it will cost and what impact that will have on taxes in the city,” Flynn told the Herald. “I support the development of White Stadium, but I don’t want to see it privatized.”

Melissa Hamel, a Jamaica Plain resident who attended the press conference and is part of a group of Franklin Park neighbors who have joined with the Emerald Necklace Conservancy in suing the city to stop the plan, said she was happy that the Council passed the resolution, but was “skeptical” that the city administration would follow suit and release updated cost projections.

“For me, as a taxpayer who’s lived in Boston for over 40 years and paid their taxes happily, I’m outraged that they want to continue to pursue this,” Hamel told the Herald. “For me to spend $100 million-plus … for a project that would primarily benefit a private enterprise, it’s just insanity to me.”

Hamel said the situation was particularly fraught given that the resolution was taken up by the Council on the same day it voted to set tax rates that will bring a projected 13% tax increase for the average single-family homeowner next year.

“For them to take money that is designated for the Boston Public School children and the facilities to spend it on a project that really primarily benefits wealthy investors who don’t even live in our community is insulting to me, and then to find out that I’m going to have to pay more taxes, 13%, to fund these projects is just outrageous,” Hamel said.

“The city is already too expensive for most people to live in,” she added.

Mayor Michelle Wu in July laid out a timeline for the city to release an estimate for what the roughly $200 million and counting public-private plan would cost taxpayers by the end of the year, but the final price tag has still not been disclosed.

Flynn said he anticipated that, based on the mayor’s stated timeline, the Council would have already had those figures by its last meeting of the year on Wednesday.

Wu’s office on Tuesday did not specifically respond to Mejia’s comments in her resolution — where she wrote that the city’s “significant fiscal pressures” heighten “the need for accurate cost estimates before committing substantial public resources” — but did provide a partial cost update which appears to mirror estimates that have been provided since last year.

“As the mayor outlined earlier this year, the complete bid packages for White Stadium were published in October. Under the timeline laid out by Massachusetts public construction laws, the responses will be evaluated and awarded in early 2026,” the mayor’s office said in a statement.

“As of Dec. 9, the city’s project expenditures include $12 million on demolition and construction, and an additional $76 million in subcontracts have been awarded,” Wu’s office said. “After more than 40 years of failed starts, White Stadium is being rebuilt as a state-of-the-art facility for BPS student-athletes and the community, open year-round. We are excited to be underway.”

The project has doubled in cost since it was announced by the city and its private partner, Boston Unity Soccer Partners, and the mayor said last summer that costs would likely increase again due to federal tariffs driving up expenses for steel and other construction materials.

The last estimated cost to taxpayers was $91 million, which was revealed late last year by the Wu administration and represented a significant jump from the city’s initial projection of $50 million for its half of the contentious project.

The Pittsburgh Steelers’ defense rose up and called game on Baltimore Ravens QB Lamar Jackson to close out Sunday’s game. The biggest win of the season. A great final play of Alex Highsmith racing around the edge to sack Jackson, something the Steelers’ front seven hadn’t been able to do all day (cornerback Brandin Echols had the only other sack of the day).

As the team has done so many times before in these contests, Pittsburgh made plays when it meant the most. But I can’t help but have one gripe over how the final drive went. An issue not aimed at the players but the coaches. Yet again, Nick Herbig was left off the field for nearly the entire drive.

In most obvious passing situations, Pittsburgh uses its 3-EDGE package with just one down lineman or, less often, just one inside linebacker. A way to get T.J. Watt, Alex Highsmith, and Herbig on the field all at once to maximize the Steelers’ rush.

Despite Baltimore being in the most obvious passing situation of the season, down five on its own 26 with less than two minutes to go and just one timeout, Pittsburgh didn’t use that grouping. Instead, the Steelers went the entire nine-play drive in its traditional 2-4-5 nickel: Alex Highsmith and T.J. Watt at outside linebacker with Cam Heyward and Esezi Otomewo along the d-line.

Baltimore’s no-huddle for much of the drive prevented any substitution. Whatever package Pittsburgh came out with would be one they’d be committing to. And the Steelers chose to sideline Herbig. He played three snaps, replacing Highsmith at ROLB. One of them was a spike.

Pittsburgh chose to play Otomewo and Yahya Black along the d-line instead. And credit to Otomewo. His stunt on Highsmith’s sack played a key role, freeing up Cam Heyward to get interior pressure on Jackson that helped flush him wide for Highsmith to round the corner and take him down. Black played a solid game overall.

But the principle must be the same. Get the best players on the field, especially in the biggest moments. The game, the division, and really the season were on the line. And Herbig was largely glued to the sideline. That’s a problem.

Now, the Steelers can say it worked. All’s well that ends well. But I look at process as much as results, and the process missed the mark. It’s hardly a one-off. Failure to get Herbig playing time when Highsmith is healthy has been a recurring issue. That’s no slight on Highsmith. He should’ve been out there, too, just as he was. I’ve been on the other side of the “trade Highsmith” camp that’s swirled throughout the year, and Highsmith was excellent against Baltimore.

But it should’ve been Herbig subbing in for Otomewo and Black. That’s the best 11. Pittsburgh also still refuses to use dime packages, but that’s a separate issue, and the Steelers can at least point to the many DB injuries and changes.

In losses, there’s always reason to look at what went well. And in wins, there’s always reason to examine where further improvement could occur. Herbig again being left off the field in such a significant moment, for seemingly zero explanation or justification, can’t happen again. The next time Pittsburgh gets the chance, Herbig must be given the opportunity to help close the door.