Judge rules Alina Habba unlawfully serving as U.S. attorney for New Jersey
A federal judge in New Jersey has ruled that Alina Habba, one of President Donald Trump’s personal attorneys, has been unlawfully serving as the state’s U.S. attorney.
Chief District Judge Matthew Brann issued a 77-page order on Thursday, finding that Habba has carried out the duties of the office without lawful authority since July 1, 2025. “After reviewing several issues of first impression, the Court concludes that Ms. Habba has exercised the functions and duties of the office … without lawful authority,” Brann wrote, News.Az reports, citing ABC News.
Trump appointed Habba as interim U.S. attorney in March, but when her 120-day term expired without Senate confirmation, a panel of federal judges in New Jersey selected Assistant U.S. Attorney Desiree Leigh Grace for the permanent position. Within hours, the Justice Department fired Grace, and the White House withdrew Habba’s nomination in a procedural move that allowed her to continue serving in an acting capacity.
The ruling followed a legal challenge brought by three criminal defendants in New Jersey who argued that Habba’s appointment was unlawful. While Judge Brann declined to dismiss their cases outright, he barred Habba from participating in them or in any other ongoing prosecutions. In his decision, Brann criticized what he described as a series of “novel legal and personnel moves” by the executive branch to keep Habba in the role despite opposition from judges and defendants.
The Justice Department is expected to appeal the ruling, which could have implications in other districts where the Trump administration has used similar tactics to extend the tenure of hand-picked appointees. Brann’s order has been stayed while the appeals process moves forward.
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