alina habba

WILLIAMSPORT, Pa. — A federal judge ruled Thursday that President Trump’s former lawyer, Alina Habba, has been unlawfully serving as the the top federal prosecutor in New Jersey.

The court, saying the administration used “a novel series of legal and personnel moves,” held that Habba’s term as the interim U.S. attorney ended in July, and the Trump administration’s maneuvers to keep her in the role without getting confirmation from the U.S. Senate didn’t follow procedures required by federal law.

“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,” Chief U.S. District Judge Matthew Brann wrote.

The opinion says that Habba’s actions since July “may be declared void.”

Brann, a President Obama appointee, said he’s putting his order on hold pending an appeal. It wasn’t immediately clear if that meant Habba would remain in charge of the U.S. attorney’s office.

A message seeking comment was sent to Habba’s office Thursday. The Justice Department said it intends to appeal the ruling.

Brann’s decision comes in response to a filing on behalf of New Jersey defendants challenging Habba’s tenure and the charges she was prosecuting against them. They sought to block the charges against them, arguing that Habba didn’t have the authority to prosecute the case after her 120-day term as interim U.S. attorney expired in July.

The defendants’ motion to block Habba, a onetime White House advisor to President Trump and his former personal defense attorney, is another high-profile chapter in her short tenure.

She made headlines when Trump named her U.S. attorney for New Jersey in March. She said the state could “turn red,” a rare, overt political expression from a prosecutor, and said she planned to investigate the state’s Democratic governor and attorney general.

She then brought a trespassing charge, which was eventually dropped, against Newark Mayor Ras Baraka stemming from his visit to a federal immigration detention center. Habba later charged Democratic Rep. LaMonica McIver with assault stemming from the same incident, a rare federal criminal case against a sitting member of Congress other than for corruption. She denies the charges and has pleaded not guilty.

Volatility over her tenure unfolded in late July when the four-month temporary appointment was coming to a close and it became clear that she would not get support from home state Sens. Cory Booker and Andy Kim, both Democrats, effectively torpedoing her chances of Senate approval.

The president withdrew her nomination. Around the same time, federal judges in New Jersey exercised their power under the law to replace Habba with a career prosecutor when Habba’s temporary appointment lapsed, but Atty. Gen. Pam Bondi fired that prosecutor and renamed Habba as acting U.S. attorney.

In his opinion, Brann questioned the legal moves the administration conducted to keep Habba in place.

“Taken to the extreme, the President could use this method to staff the United States Attorney’s office with individuals of his personal choice for an entire term without seeking the Senate’s advice and consent,” he wrote.

The Justice Department has said in filings that the judges acted prematurely and that the executive has the authority to appoint his preferred candidate to enforce federal laws in the state.

Trump had formally nominated Habba as his pick for U.S. attorney on July 1, but Booker and Kim’s opposition meant that under long-standing Senate practice known as senatorial courtesy, the nomination would stall out.

A handful of other Trump picks for U.S. attorney are facing a similar circumstance.

Catalini writes for the Associated Press.

The White House moved Tuesday to keep interim U.S. Atty. Bill Essayli in power as Los Angeles’ top federal prosecutor, marking the Trump administration’s latest maneuver to defy norms and keep controversial appointees in positions across the country.

Essayli — a former Riverside County assemblyman, staunch conservative and Trump ally — will be named Acting U.S. Attorney for the Central District of California, according to Matthew Nies, a spokesman for the U.S. Department of Justice. He will be granted the acting title at 5:01 p.m., Nies said.

The maneuver — which echoes steps the Trump administration took to keep its chosen prosecutors in power in New York, New Jersey and Nevada in recent weeks — allows Essayli to stay in office while sidestepping normal confirmation processes in the U.S. Senate.

Essayli was appointed to his post by U.S. Atty. Gen. Pam Bondi in early April. Interim appointees must be confirmed by the U.S. Senate within 120 days. But Trump never moved to formally nominate Essayli for confirmation by the U.S. Senate, where he would have faced fierce opposition from California Sens. Alex Padilla and Adam Schiff, both Democrats.

That left Essayli’s fate in the hands of a local federal judicial panel, which declined to name anyone to the post on Tuesday, according to a report from Fox News. Court records do not reflect any action taken by local judges.

Assuming the role of acting U.S. attorney will seemingly give Essayli another 210 days in the position before he has to face any formal confirmation process.

A spokesman for the U.S. attorney’s office in Los Angeles referred all questions to the White House, which did not immediately respond to an inquiry. Essayli did not respond to a call seeking comment.

The move is the latest sign of the Trump administration’s willingness to use legal workarounds to keep its appointees for U.S. attorney in power as the clock runs out on their interim status.

In upstate New York, a judicial panel declined to name John A. Sarcone III, or anyone else, as U.S. attorney for the Northern District of New York. In response, Bondi appointed Sarcone to a lower position in the office but effectively gave him the powers of the top federal prosecutor.

In a letter to the chief U.S. district judge, later posted by the court, Sarcone said he’d been designated the first assistant United States attorney for the Northern District of New York and is now serving as the acting U.S. attorney for the district “indefinitely.”

In New Jersey, a judicial panel rejected Trump’s pick, Alina Habba, one of the president’s former personal attorneys who had no experience as a prosecutor before being named the state’s top federal law enforcement official. In response, the Trump administration moved to fire Desiree Leigh Grace, a career prosecutor and registered Republican whom the judicial panel named to replace Habba.

Trump later rescinded his nomination of Habba and appointed her as acting U.S. attorney. Experts have called both situations legally dubious and defense lawyers have argued the appointment violates federal statute prohibiting people whose nominations have been submitted to the Senate from serving in an acting role.

Habba’s appointment has reportedly halted federal court hearings, grand jury proceedings and plea deals in New Jersey federal courts due to questions over her authority to serve as acting U.S. attorney.

On Tuesday morning, Bloomberg Law reported that Trump used a similar move to keep Sigal Chattah as Nevada’s top federal prosecutor. Her interim term was also set to expire Tuesday.

Laurie Levenson, a former federal prosecutor in L.A. who now serves as a professor at the Loyola Law School of Los Angeles, said the Trump administration’s actions reflected an unprecedented exploitation of a legal loophole.

“These laws have never been used, as far as I can see, to bypass the Senate confirmation process or the judicial one,” Levenson said. “The most serious consequences are if you’re going to end up with indictments that are not valid because they weren’t signed by a lawful U.S. Attorney.”

It remains unclear exactly what happens when the clock on Essayli’s acting tenure runs out next year.

Essayli’s time as L.A.’s top federal prosecutor has been marked by controversy.

Not long after getting the job, he moved to offer a no-jail plea deal to L.A. County sheriff’s Deputy Trevor Kirk — who had already been convicted of assault for using excessive force when he threw a woman to the ground and pepper-sprayed her while responding to a 2023 robbery in a Lancaster supermarket. The woman was not armed or committing a crime when Kirk confronted her, court records show.

Essayli’s decision, which was not prompted by new evidence regarding Kirk’s guilt or innocence, led several veteran prosecutors to resign.

Prosecutors who spoke to The Times on condition of anonymity for fear of retaliation within the office have described Essayli as a chaotic and belligerent leader who seems more focused on advancing the president’s agenda than making decisions that comport with the law.

While Essayli has taken a hard line against demonstrators who allegedly broke the law during massive June protests against the Trump administration’s immigration raids in Southern California, a Times investigation shows he’s struggling to prove those cases in court.

Multiple federal law enforcement sources told The Times that a number of protest-related cases pushed by Essayli have failed to even secure grand jury indictments, where prosecutors face a significantly lower burden of proof than at a jury trial. Of the nearly 40 cases related to demonstrations or alleged interference with immigration raids that Essayli has filed, just seven have netted indictments, records show.

In one explosive moment, sources told The Times that Essayli screamed at prosecutors to disregard Department of Justice rules on bringing cases with weak evidence, insisting they must secure indictments for Bondi.

The U.S. attorney’s office dismissed The Times’ article, claiming it was based on “factual inaccuracies and anonymous gossip.” The statement offered no specifics about disputed facts and Bloomberg Law reported the same anecdote this week.

With Essayli’s fate now squarely in Trump’s hands, Levenson said it’s clear the White House is calling the shots for federal law enforcement in Southern California.

“I don’t think [Essayli] even pretends he’s making these decisions on his own,” Levenson said of Essayli. “I think he’s just the messenger here.”

Queally and Mejia reported from Los Angeles. Wilner reported from Washington, D.C. Times Staff Writer Seema Mehta in Los Angeles contributed to this report.

NEWARK, N.J. — U.S. Rep. LaMonica McIver pleaded not guilty Wednesday to federal charges accusing her of assaulting and interfering with immigration officers outside a New Jersey detention center during a congressional oversight visit at the facility.

“They will not intimidate me. They will not stop me from doing my job,” she said outside the courthouse in Newark after the brief hearing.

McIver, a Democrat, was charged by interim U.S. Atty. Alina Habba, a Republican appointed by President Trump, following the May 9 visit to Newark’s Delaney Hall. Immigration and Customs Enforcement uses the privately owned, 1,000-bed facility as a detention center.

This month she was indicted on three counts of assaulting, resisting, impeding and interfering with federal officials. Two of the counts carry a maximum sentence of up to eight years in prison. The third is a misdemeanor with a maximum punishment of one year in prison.

During Wednesday’s hearing, McIver stood and told U.S. District Judge Jamel Semper: “Your honor, I plead not guilty.” The judge set a Nov. 10 trial date.

Outside the courthouse, McIver warned that anyone who pushes back against the Trump administration will find themselves in a similar position.

McIver’s lawyer, former U.S. Attorney for New Jersey Paul Fishman, said McIver pleaded not guilty because she is not guilty. He said federal agents created a risky situation at Delaney Hall.

A message seeking comment Wednesday was left with Habba’s office.

Among those at McIver’s side Wednesday were her family and elected officials, including Newark Mayor Ras Baraka, who was outside the detention center with McIver and other legislators on May 9.

Baraka was also arrested on a trespassing charge that was later dropped and is suing Habba over what he called a malicious prosecution.

Baraka accused the Trump administration of using law enforcement as “an appendage of their ideology to begin to hammer us.”

The indictment of McIver is the latest development in a legal-political drama that has seen the Trump administration take Democratic officials from New Jersey’s largest city to court amid the president’s ongoing immigration crackdown and Democrats’ efforts to respond. The prosecution is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption.

A nearly two-minute video clip released by the Department of Homeland Security shows McIver at the facility inside a chain-link fence just before Baraka’s arrest on other side of the barrier, where other people were protesting. McIver and uniformed officials go through the gate, and she joins others shouting that they should circle the mayor.

The video shows McIver in a tightly packed group of people and officers. At one point her left elbow and then her right elbow push into an officer wearing a dark face covering and an olive green uniform emblazoned with the word “Police.”

It is not clear from police bodycam video if the contact was intentional, incidental or the result of jostling in the chaotic scene.

The complaint alleges that she “slammed” her forearm into an agent and then tried to restrain the agent by grabbing him.

The indictment also says she placed her arms around the mayor to try to stop his arrest and says again that she slammed her forearm into and grabbed an agent.

Democrats including New Jersey Reps. Bonnie Watson Coleman and Rob Menendez, who were with McIver at the detention center that day, have criticized the arrest and disputed the charges.

Members of Congress are legally authorized to go into federal immigration facilities as part of their oversight powers, even without notice. Congress passed a 2019 appropriations bill spelling out that authority.

McIver, 39, first came to Congress in September in a special election after the death of Rep. Donald Payne Jr. left a vacancy in the 10th District. She was then elected to a full term in November.

A Newark native, she was president of the Newark City Council from 2022 to 2024 and worked in the city’s public schools before that.

Catalini writes for the Associated Press.

Federal prosecutors alleged Democratic Rep. LaMonica McIver of New Jersey pushed and grabbed officers while attempting to block the arrest of the Newark, N.J., mayor outside an immigration detention facility, according to charges in court papers unsealed on Tuesday.

In an eight-page complaint, interim U.S. Atty. Alina Habba’s office said McIver was protesting the removal of Newark Mayor Ras Baraka from a congressional tour of the Delaney Hall detention center in Newark on May 9.

The complaint says she attempted to stop the arrest of the mayor and pushed into agents for Homeland Security Investigations and Immigration and Customs Enforcement. She faces two counts of assaulting, resisting and impeding an officer.

McIver has denied any wrongdoing and has accused federal agents of escalating the situation by arresting the mayor. She denounced the charge as “purely political” and said prosecutors are distorting her actions in an effort to deter legislative oversight.

Habba had charged Baraka with trespassing after his arrest but dismissed the allegation on Monday when she said in a social media post that she instead was charging the congresswoman.

Prosecuting McIver is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption.

The case instantly taps into a broader and more consequential struggle between a Trump administration engaged in overhauling immigration policy and a Democratic Party scrambling to respond.

Within minutes of Habba’s announcement, McIver’s Democratic colleagues cast the prosecution as an infringement on lawmakers’ official duties to serve their constituents and an effort to silence their opposition to an immigration policy that helped propel the president back into power but now has emerged as a divisive fault line in American political discourse.

Members of Congress are authorized by law to go into federal immigration facilities as part of their oversight powers, even without advance notice. Congress passed a 2019 appropriations bill that spelled out the authority.

A nearly two-minute clip released by the Homeland Security Department shows McIver on the facility side of a chain-link fence just before the arrest of the mayor on the street side of the fence. She and uniformed officials go through the gate and she joins others shouting they should circle the mayor. The video shows McIver in a tightly packed group of people and officers. At one point, her left elbow and then her right elbow push into an officer wearing a dark face covering and an olive green uniform emblazoned with the word “Police” on it.

It isn’t clear from body camera video whether that contact was intentional, incidental or a result of jostling in the chaotic scene.

The complaint says she “slammed” her forearm into an agent and then tried to restrain the agent by grabbing him.

Tom Homan, President Trump’s top border advisor, said during an interview on Fox News on Tuesday that “she broke the law and we’re going to hold her accountable.”

“You can’t put hands on an ICE employee,” he said. “We’re not going to tolerate it.”

McIver, 38, first came to Congress in September in a special election after the death of Rep. Donald Payne Jr. left a vacancy in the 10th District. She was then elected to a full term in November. A Newark native, she served as the president of the Newark City Council from 2022 to 2024 and worked in the city’s public schools before that.

House Democratic leaders decried the criminal case against their colleague in a lengthy statement in which they called the charge “extreme, morally bankrupt” and lacking “any basis in law or fact.”

Catalini, Richer and Tucker write for the Associated Press.