Alina

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.

Aug. 21 (UPI) — Acting U.S. Attorney for New Jersey Alina Habba lacks legal authority to continue prosecuting federal cases in New Jersey, a federal judge ruled Thursday.

U.S. District Court for Middle Pennsylvania Matthew Branns said Habba, 41, is unqualified for the position and should be disqualified from ongoing cases in New Jersey, The New York Times reported.

“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 ruled following a hearing last week.

Habba formerly was President Donald Trump‘s personal attorney and a campaign spokeswoman before the president appointed her interim U.S. attorney for New Jersey in March.

That appointment ended July 1, but Trump and Attorney General Pam Bondi relied on federal loopholes to declare Habba the acting U.S. attorney for New Jersey instead of its interim federal prosecutor, Fox News reported.

Brann said the semantics move by Trump and Bondi is not lawful, and Habba has lacked legal standing to continue serving as New Jersey’s acting U.S. attorney since July 1.

Two defendants in federal cases before the U.S. District Court of New Jersey filed challenges to Habba’s authority based on the actions taken by the president and the attorney general.

Former President Barack Obama nominated Brann to the Middle Pennsylvania District Court in 2012, and the judge paused his decision to enable the Trump administration to appeal his ruling.

The Justice Department has said it will challenge Brann’s decision, which also might affect similarly appointed U.S. attorneys in other federal districts, according to CNN.

Whether his decision stands or is overturned, Brann said a federal appellate court must make a determination quickly to avoid disruption to federal cases.

A panel of federal judges in July refused to extend Habba’s position and appointed federal prosecutor Desiree Grace to replace her.

Bondi then fired Grace and named Habba the district’s acting U.S. attorney, which triggered the two challenges to her authority and has slowed the rate at which federal cases are argued in New Jersey.

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”.