Judge Rules Trump Appointee Alina Habba Illegally Serving as US Attorney

• Aug 22, 2025

A federal judge ruled Thursday that Alina Habba has been unlawfully serving as acting U.S. attorney in New Jersey, saying the Trump administration improperly bypassed normal procedures to keep her in the role.

The ruling from Judge Matthew Brann determined that Habba has not legally held the position since July 1. The decision came after two criminal defendants challenged her appointment in court, arguing that it violated the Constitution.

“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 in a 77-page order.

Habba, formerly Donald Trump’s personal defense attorney, was serving as interim U.S. attorney. When her term expired, Trump and Attorney General Pam Bondi used a provision in federal vacancy laws to reinstate her as “acting” U.S. attorney instead of “interim.” Critics say the maneuver sidestepped legal limits designed to prevent manipulation of such appointments.

One defendant, Julien Giraud, argued that the unusual steps taken to keep Habba in office violated his rights. Brann agreed, ruling that Habba could not prosecute Giraud or another defendant who had also challenged her position. While the criminal cases themselves will proceed, they cannot be overseen by Habba.

The unusual case landed before Brann, an Obama appointee in Pennsylvania, after New Jersey’s federal judges recused themselves, citing potential conflicts. Just weeks earlier, those judges had declined to extend Habba’s interim term and instead appointed veteran prosecutor Desiree Grace. Trump and Bondi then removed Grace, withdrew Habba’s nomination for permanent U.S. attorney, and placed her back in office under the title of “acting” attorney.

Brann’s ruling also found that Habba’s signatures on filings were invalid, opening the door for other defendants in New Jersey to challenge her authority in their prosecutions. However, the order will not take effect until the Trump administration has an opportunity to appeal.

The case reflects a broader strategy by Trump and Bondi to maintain loyal appointees in top prosecutorial posts across Democratic-leaning states, including New York and California, where Senate confirmation has been uncertain.

Brann said the administration’s interpretation of the law undermined Congress’s intent. “A statutory interpretation that opens a gaping loophole in this tightly crafted scheme meant to provide only limited flexibility and prevent manipulation flies in the face of the goal that Congress was trying to accomplish,” he wrote.

Spokespeople for Habba and the Justice Department declined to comment.