Federal Judge Rules Alina Habba Unlawfully Serving as U.S. Attorney for New Jersey

August 21, 2025

NEWARK, N.J. - A federal judge ruled on Thursday that Alina Habba, former attorney for President Donald Trump, has been acting as the U.S. Attorney for New Jersey without legal authority since July 1. U.S. District Judge Matthew Brann issued a 77-page opinion. He found that Habba’s appointment, after her first 120-day interim term ended, broke federal vacancy laws. This made her title as “acting” U.S. Attorney illegal and invalid.

Judge Brann’s ruling stops Habba from joining ongoing or future cases in New Jersey’s federal courts. However, he paused the order while waiting for an appeal. This gives the Department of Justice time to contest the decision. Brann stressed that since Habba is not properly doing her job, she “must be barred from involvement in any ongoing cases.”

Habba was first named interim U.S. Attorney in March after her 120-day term began. When New Jersey’s federal judges chose not to extend her appointment, Assistant U.S. Attorney Desiree L. Grace took over briefly. After Grace was removed by the Justice Department and Habba’s nomination was withdrawn, the Trump administration made Habba the “acting” U.S. Attorney. The court ruled this move was beyond the powers of the president and attorney general.

Two defendants disputed Habba’s authority. They argued that the prosecutions she managed should be dropped because she was not properly appointed. Their actions led Brann to take on the legal dispute in his Middle District of Pennsylvania courtroom. He highlighted the need to bring stability back to New Jersey’s federal court operations. The long uncertainty held up hearings, grand jury proceedings, and at least one trial.

Justice Department lawyers argued that Habba’s appointment followed federal vacancy laws. However, Brann disagreed with their view. He pointed out that Congress didn’t want an administration to bypass the Senate’s role. They aimed to stop repeated rebranding of an expired interim appointment as an “acting” one.

The Trump administration plans to appeal Brann’s decision to the Third Circuit Court of Appeals. Until the stay is lifted, all pending cases in the District of New Jersey must be handled by career prosecutors or a deputy U.S. Attorney.