A federal judge on Thursday ruled Alina Habba, a former personal lawyer to President Trump, has been unlawfully serving as New Jersey’s top federal prosecutor.
U.S. District Judge Matthew Brann explained that the Trump administration made Habba the U.S. attorney for the District of New Jersey through a “novel series of legal and personnel moves,” disagreeing with the district court’s judges and criminal defendants in that district about who should lead the office along the way.
“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,” he wrote in a 77-page ruling.
The question arose in a filing from two New Jersey defendants facing federal drug trafficking charges. Their attorney argued that Habba did not have the authority to prosecute the case after her 120-day clock as interim U.S. attorney ran out last month.
Brann concluded that Habba has unlawfully held the role since July 24. He put his ruling on hold pending an appeal.
When Habba’s interim term ended last month, New Jersey federal judges declined to extend her interim status. Instead, they invoked a seldom-used power to appoint their own pick: attorney Desiree Leigh Grace, who was Habba’s first assistant.
However, Attorney General Pam Bondi quickly intervened by firing their selected successor, criticizing the judges as “politically minded” for refusing to extend Habba’s tenure.
Still, Grace said she would assume the role, writing in a LinkedIn post that she’s served under both Republican and Democratic administrations and that politics “never impacted” her work.
But after that, Trump withdrew Habba’s nomination to be the state’s U.S. attorney and appointed her as first assistant U.S. attorney, making her acting U.S. attorney — a workaround to keep Habba in the role.
Brann ruled the circumvention doesn’t work.
“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,” the judge wrote. “Therefore, Ms. Habba may not participate in the defendants’ prosecutions going forward as the ‘Acting United States Attorney.’”
Habba has made waves during her brief tenure as U.S. attorney, namely as two Democratic public officials faced criminal charges over an incident at a U.S. Immigration and Customs Enforcement facility under her leadership.
She faced staunch opposition to her nomination from New Jersey Sens. Cory Booker and Andy Kim, both Democrats, making her confirmation unlikely.
The Hill reached out to Habba’s office for comment.
