A federal judge has ruled that lawyer Alina Habba was unlawfully appointed to the role of acting United States attorney for the District of New Jersey
Thursday’s decision from District Judge Matthew Brann was a rebuke to the administration of President Donald Trump, who has sought to keep Habba, his former personal lawyer, in the role despite a previous court decision replacing her.
“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.
Brann accused the Trump administration of using “a novel series of legal and personnel moves” to keep Habba in her role as US attorney.
But, given the fact that Habba has not been officially confirmed to the position by the US Senate, Brann decided that her actions since July 1 “may be declared void”.
Brann, however, put his decision on hold pending a likely appeal from the Trump administration.
The challenge against Habba’s continued role as US attorney came from defendants in cases she was pursuing.
Two, Julien Giraud Jr and Julien Giraud III, were charged with drug and firearm-related offences. A third, Cesar Humberto Pina, was accused of laundering drug proceeds and participating in a “multi-million-dollar Ponzi-like investment fraud scheme”.
Lawyers for Pina released a statement praising the judge’s decision later on Thursday and calling for the Trump administration to follow federal procedure for appointing US attorneys.
“Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed,” lawyers Abbe David Lowell and Gerald Krovatin wrote in the statement.
“We appreciate the thoroughness of the court’s opinion, and its decision underscores that this Administration cannot circumvent the congressionally mandated process for confirming US Attorney appointments.”
Trump clashes with judicial branch
Thursday’s court decision is likely to continue the power clash between President Trump and the judiciary, whom he has accused of being politically biased against him and his allies.
While Habba awaits a confirmation hearing before the US Senate, she has served in the US attorney position on an interim basis.
But such interim appointments are capped at a period of 120 days. Continuing beyond that time span requires approval from a panel of judges in the district.
The panel, however, declined Habba’s bid to stay in the role on July 22. It named her second-in-command, career prosecutor Desiree Grace, to replace her as US attorney.
But the Trump administration swiftly moved to reject the judges’ decision. Attorney General Pam Bondi fired Grace and said Habba would continue in her role regardless of the July 22 court order.
“This Department of Justice does not tolerate rogue judges,” Bondi wrote on social media.
The Justice Department, under Trump, has sought to retain term-capped interim US attorneys elsewhere as well.
But Habba’s handling of her position has drawn particular scrutiny, as has her close relationship with the president.
Habba was an early appointment to Trump’s second term. In December, just weeks after winning the 2024 presidential election, Trump revealed he would bring her into the White House as a counsellor for his administration.
Then, on March 24, he announced she would be his pick for US attorney for the New Jersey district.
Previously, Habba has represented Trump as a personal lawyer in several civil cases.
While she won one defamation suit brought against Trump by former reality TV contestant Summer Zervos, she lost two high-profile cases: a defamation suit brought by writer E Jean Carroll and a civil fraud case led by New York Attorney General Letitia James. Trump is currently appealing both of those decisions.
Questions surrounding Habba’s leadership
Since taking on the role of interim US attorney, Habba told a podcaster that she hoped to help “turn New Jersey red” – an indication she may use her traditionally nonpartisan position for partisan aims.
She has also led probes and prosecutions that critics denounced as politically motivated. In one instance, she opened an investigation into New Jersey’s Democratic Governor Phil Murphy over his immigration policies.
In another, she charged Newark Mayor Ras Baraka for trespassing after he attempted to join several Congress members on a tour of the Delaney Hall immigration detention facility.
Those charges were later dropped, and a member of Habba’s office was rebuked in court. “An arrest, particularly of a public figure, is not a preliminary investigative tool,” Judge Andre Espinosa told the prosecutor.
Baraka has since filed a civil complaint accusing Habba of “subjecting him to false arrest and malicious prosecution”.
Still, Habba has continued to pursue criminal charges against US Representative LaMonica McIver for assault during the same incident at Delaney Hall. McIver has called the charge a “blatant political attack”.
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