A federal judge ruled on Thursday that Alina Habba, who previously served as one of President Trump’s personal attorneys, has been serving unlawfully as New Jersey’s top federal prosecutor.
U.S. District Judge Matthew Brann stated in his decision that the Trump administration placed Habba in the role of U.S. attorney for the District of New Jersey using “a novel series of legal and personnel moves,” which clashed with the views of district court judges and criminal defendants over who had the authority to 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,” Brann wrote in a 77-page opinion.
The issue was raised after two New Jersey defendants facing federal drug trafficking charges argued that Habba lacked authority to prosecute them because her 120-day interim appointment expired last month.
Brann determined that Habba has been serving unlawfully since July 24 but delayed the implementation of his ruling to allow time for an appeal.
When Habba’s interim term ended, federal judges in New Jersey declined to reappoint her and instead exercised a rarely used authority to select their own choice for the position: attorney Desiree Leigh Grace, who had been Habba’s first assistant.
Shortly afterward, Attorney General Pam Bondi stepped in, dismissing Grace and accusing the judges of being “politically minded” for refusing to extend Habba’s tenure.
Grace, however, asserted that she intended to continue as U.S. attorney and wrote on LinkedIn that she has worked under both Republican and Democratic administrations, insisting that politics “never impacted” her approach to the job.
Following the dispute, Trump withdrew Habba’s nomination for U.S. attorney but appointed her as first assistant U.S. attorney instead, effectively making her the acting U.S. attorney in what was widely seen as an attempt to keep her in charge.
Judge Brann rejected the strategy in his decision. “I conclude that Ms. Habba was ineligible to assume the functions and duties of the office of the United States Attorney for the District of New Jersey on July 24, 2025, because she was not the first assistant when the vacancy occurred upon Mr. [former U.S. Attorney Philip] Sellinger’s resignation on January 8, 2025,” he wrote. “Therefore, Ms. Habba may not participate in the defendants’ prosecutions going forward as the ‘Acting United States Attorney.’”
During her brief time leading the office, Habba drew attention as two Democratic officials faced criminal charges related to an incident at a U.S. Immigration and Customs Enforcement facility under her oversight.
Her nomination also faced strong opposition from New Jersey Democratic Senators Cory Booker and Andy Kim, casting serious doubt on the likelihood of her confirmation.
Attorneys for one of the defendants, Cesar Pina, issued a statement explaining that they challenged Habba’s authority because her appointment disregarded established rules that “give legitimacy” to the U.S. Attorney’s office.
“Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed,” lawyers Abbe Lowell and Gerald Krovatin said.
{Matzav.com}
