Judge says Habba’s appointment violates federal law
Alina Habba, a long-time personal defence lawyer for former President Donald Trump, has been serving as interim U.S. attorney for New Jersey. But a federal judge ruled Thursday that her tenure is unlawful.
Judge Matthew Brann, an Obama appointee from the Middle District of Pennsylvania, issued a 77-page decision concluding that Habba has not legally held the post since July 1. The ruling came after two criminal defendants challenged her authority, claiming Trump and Attorney General Pam Bondi bypassed constitutional procedures to keep her in office.
“Faced with the question of whether Ms Habba is lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey, I conclude that she is not,” Brann wrote.
A controversial path to power
Habba was initially sworn in as interim U.S. attorney in March 2025, but her term expired over the summer. Rather than follow the standard process for nominating a permanent U.S. attorney, Trump and Bondi used a provision of the Federal Vacancies Reform Act to designate her as “acting” U.S. attorney. This move, they argued, allowed her to remain in charge for another 210 days.
The problem? Federal judges in New Jersey had already declined to extend Habba’s term and instead installed career prosecutor Desiree Grace. Trump and Bondi responded by firing Grace, withdrawing Habba’s stalled permanent nomination, and reinstating her as acting U.S. attorney—a legal manoeuvre Brann says violated the purpose of the vacancies law.
Defendants challenge her authority
One defendant, Julien Giraud, argued that Habba’s unlawful status undermined his constitutional rights. Another defendant joined the challenge, and Brann sided with them both, ruling that Habba could not oversee their cases.
While their prosecutions can still move forward in New Jersey federal court, they must proceed under someone else’s supervision. Brann also ruled that Habba’s signatures on past filings are invalid, creating an opening for additional defendants to contest her authority.
Broader implications for Trump’s DOJ strategy
The Habba ruling is part of a larger pattern. Trump and Bondi have used similar tactics to keep Trump’s preferred prosecutors in power in states such as New York and California, where Senate confirmation of nominees is politically difficult. Brann’s decision may now call those manoeuvres into question.
The judge criticised the administration’s reading of the Federal Vacancies Reform Act, saying it created “a gaping loophole” contrary to congressional intent. In plain terms, Brann argued that the law was designed to limit, not expand, presidential control over temporary appointments.
What happens next?
Brann delayed the effect of his ruling to give the Trump administration time to appeal. If the decision stands, it could reshape how temporary U.S. attorneys are appointed, especially in states where partisan tensions have slowed confirmations.
Neither Habba nor the Department of Justice has commented on the ruling. However, Trump has stood firmly by Habba, calling her a trusted ally and capable prosecutor.
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Who is alina Habba?
Before her current role, Habba was best known as one of Trump’s most outspoken personal defence lawyers during his civil and criminal legal battles. She frequently appeared on television defending Trump against investigations and lawsuits, building a reputation as a combative, loyal advocate.
Now, that loyalty has placed her at the centre of a legal showdown over presidential power. If Brann’s decision survives appeal, Habba’s time as New Jersey’s top federal prosecutor may end abruptly — and it could also limit Trump’s ability to handpick prosecutors outside the Senate’s oversight.
