Judge rules Alina Habba unlawfully serving as US attorney for New Jersey
A federal judge in New Jersey on Thursday ruled that Alina Habba is not lawfully serving as the U.S. Attorney overseeing federal prosecutions in the state, dealing a blow to efforts by the Trump administration to maneuver its hand-picked appointees into acting roles at prosecuting offices around the country.
"After reviewing several issues of first impression, the Court concludes that Ms. Habba has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025," said judge Matthew Brann, the chief district judge for the Middle District of Pennsylvania, in a 77-page order Thursday.
Brann's order followed a legal challenge brought against Habba's appointment by three separate criminal defendants who have been charged in the District of New Jersey.
While Judge Brann declined to grant the defendants' request that their cases be dismissed outright because of Habba's apparent unlawful service in the office, he said Habba is disqualified from participating in any of their cases moving forward -- as well as "any ongoing" cases in the office.
"The Executive branch has perpetuated Alina Habba's appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves," Judge Brann wrote. "Along the way, it has disagreed with the Judges of the United States District Court for the District of New Jersey and criminal defendants in that District about who should or may lead the 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," wrote Brann.
Trump named Habba, one of his former personal attorneys, as New Jersey's interim U.S. attorney in March, but after the Senate did not take up her confirmation before the end of her 120-day interim term, a panel of federal judges last month appointed Assistant U.S. Attorney Desiree Leigh Grace to the permanent U.S. attorney spot.
Just hours later, the Justice Department fired Grace, after which the White House withdrew Habba's nomination in a procedural move to allow her to continue as the acting U.S. attorney for the state.
The Justice Department is expected to quickly appeal Judge Brann's decision, which could have impacts in multiple other districts where the administration has similarly maneuvered to extend the tenures of several appointees.
Brann has stayed the impact of his order while the appeals process plays out.
