Judge Rules Alina Habba Unlawfully Serving as US Attorney
Official portrait of Alina Habba as interim District Attorney for the District of New Jersey. Photo courtesy of the U.S. Department of Justice. Public domain.
A bombshell ruling from a U.S. District Judge sent shockwaves through the political world. Judge Brann, chief district judge for the Middle District of Pennsylvania, reportedly ruled that Alina Habba, President Donald Trump's former personal attorney and current interim U.S. Attorney for New Jersey, has been operating without lawful authority. This decision not only undermines Habba's ability to oversee federal prosecutions in New Jersey but also sets up a fierce legal battle with the Justice Department, raising serious questions about executive overreach and the rule of law.
A Political Power Play Gone Sideways
Habba's appointment was always controversial. Named by Trump in March 2025 as the interim U.S. Attorney for New Jersey, she stepped into a role that traditionally requires Senate confirmation. When the Senate failed to act on her nomination before her interim term expired, the Trump administration reportedly employed a series of unconventional legal maneuvers to keep her in place. According to the Associated Press, these moves included firing the career prosecutor appointed by federal judges to replace her and reinstating Habba as acting U.S. Attorney without Senate approval.
Judge Brann commented, "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," as reported by the Associated Press.
He emphasized that the president's power to appoint U.S. attorneys is subject to strict time limits and procedural safeguards designed to ensure bipartisan oversight. By sidestepping these rules, the administration risked placing Habba in a legally untenable position.
This legal drama has real consequences. Several defendants in New Jersey federal cases challenged Habba's authority, arguing that her unlawful tenure taints the legitimacy of their prosecutions. While Judge Brann declined to dismiss their cases outright, he reportedly ruled that Habba is disqualified from participating in any ongoing or future cases, as reported by ABC News. This could lead to delays, retrials, or even dismissals, jeopardizing the pursuit of justice in a state with a heavy federal caseload.
How a Legal Loophole Nearly Blew Up the Justice System
The ruling exposes a broader concern about vague executive maneuvers that threaten the balance of power. The Trump administration's approach to staffing U.S. attorney offices with loyalists without Senate confirmation raises alarms about unchecked presidential authority. According to the Associated Press, Judge Brann warned that if such tactics were taken to the extreme, a president could fill these critical prosecutorial roles for an entire term without any legislative oversight.
Attorney General Pam Bondi, a Trump appointee, quickly responded to the ruling by announcing an immediate appeal. Bondi praised Habba, saying she is "doing incredible work in New Jersey — and we will protect her position from activist judicial attacks," as reported by Reuters.
The Justice Department has argued that Habba's appointment was valid and that Bondi's delegation of authority allows Habba to supervise cases regardless of her official title. The administration also reportedly accused New Jersey's federal judges, who appointed Habba's deputy as her successor, of political bias.
This tug-of-war between the executive branch and the judiciary highlights the fragility of legal norms when political loyalty takes precedence.
The Legal Trick That Might Undo Dozens of Cases
The administration's attempt to extend Habba's tenure through a series of legal contortions has now unraveled under judicial scrutiny. After Habba's 120-day interim term expired, a panel of federal judges appointed Assistant U.S. Attorney Desiree Leigh Grace as the permanent U.S. Attorney for New Jersey. According to ABC News, the Justice Department fired Grace shortly after, reinstating Habba as acting U.S. Attorney in a move that Judge Brann found unlawful.
The ruling also casts doubt on the validity of Habba's actions since July 1, including her approval of indictments in ongoing cases. While the judge did not order the dismissal of those cases, he left open the possibility that some actions could be declared "void," according to the Associated Press. This legal uncertainty threatens to disrupt numerous federal prosecutions in New Jersey, potentially delaying justice for victims and defendants alike.
Lawyers representing defendants in these cases welcomed the ruling, emphasizing the importance of proper appointments to maintain the legitimacy of the U.S. Attorney's office. They argued that prosecutors wield enormous power and must be qualified and lawfully appointed to exercise that authority. The court's decision underscores that the administration cannot circumvent the congressionally mandated confirmation process without consequences.
The Fallout and What Lies Ahead
This ruling is likely to trigger a cascade of legal challenges not only in New Jersey but also in other districts where the Trump administration has used similar tactics to keep favored U.S. attorneys in place without Senate confirmation. The Justice Department's appeal will be closely watched as it could set a precedent for how far a president can go in staffing key federal positions without legislative consent.
For now, the uncertainty surrounding Habba's status leaves the New Jersey U.S. Attorney's office in limbo. It is unclear who will make critical prosecutorial decisions if Habba is sidelined during the appeals process.
Habba's loyalty to Trump has propelled her into a precarious legal position, one that now threatens to unravel entire cases and disrupt the federal justice system in New Jersey. This drama serves as a cautionary tale of how political power plays can backfire, exposing the limits of executive authority and the resilience of legal checks and balances.
As this legal battle unfolds, it will test the strength of American institutions and the principle that no one, not even a president's closest allies, is above the law.
References: Judge says Alina Habba has been unlawfully serving as US attorney in New Jersey | Judge rules former Trump lawyer Alina Habba was unlawfully appointed as US Attorney | Judge rules Alina Habba unlawfully serving as US attorney for New Jersey
