Federal Judge Rules Alina Habba’s Tenure as U.S. Attorney for New Jersey ‘Unlawful’
A federal judge has ruled that Alina Habba, former personal attorney to President Donald Trump, has been serving unlawfully as the U.S. Attorney for the District of New Jersey, declaring her tenure since July 1, 2025, illegal.
In a detailed 77-page opinion issued on August 21, 2025, Chief U.S. District Judge Matthew Brann of the Middle District of Pennsylvania concluded that Habba “has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025.” The ruling was the culmination of legal challenges brought by three criminal defendants in New Jersey who argued her appointment violated federal law, particularly the Federal Vacancies Reform Act.
Judge Brann highlighted that the ruling does not dismiss the criminal charges against the defendants, which include drug offenses and investment fraud, but bars Habba from participating or supervising those cases or other ongoing prosecutions under her office. He further criticized the Justice Department and the Trump administration for using “a novel series of legal and personnel moves” to sustain Habba’s leadership without Senate confirmation or adherence to procedural requirements.
Background and Legal Context
Habba, previously President Trump’s personal lawyer, was appointed acting U.S. Attorney for New Jersey amid significant controversy. Although Trump formally nominated her on July 1, the nomination faced opposition by New Jersey Senators Cory Booker and Robert Menendez, effectively stalling the confirmation process due to Senate traditions like senatorial courtesy. Consequently, Habba remained in the role without the official Senate confirmation required by federal law.
The Department of Justice attempted to maintain Habba’s position by classifying her as a “special attorney,” a move rejected by Judge Brann as lacking lawful basis. The ruling emphasized that without proper appointment or Senate confirmation, any actions taken by Habba as U.S. Attorney were unauthorized.
Implications and Reactions
The ruling casts a shadow on the Trump administration’s broader strategy to place hand-picked allies in acting prosecutorial positions nationwide through unconventional legal tactics. While Judge Brann placed his order on hold to allow the Justice Department time to appeal, the decision mandates immediate removal of Habba from prosecutorial involvement in affected cases.
The federal judges for New Jersey recused themselves from this matter due to potential conflicts of interest relating to Habba’s position; thus, the case was heard by Judge Brann from Pennsylvania.
The Justice Department and Habba’s office have not yet publicly responded to the decision.
Wider Context
This situation is part of a pattern where several Trump administration nominees for U.S. Attorney positions have faced congressional resistance, delaying or blocking their confirmations. The federal judiciary’s pushback underscores the tension between the executive branch’s appointment powers and the established legal norms and Senate oversight mechanisms.
As the case proceeds, the Justice Department’s appeal will test the limits of executive appointment powers and could influence how future interim appointments for key federal legal offices are handled.
For now, Alina Habba’s role as New Jersey’s top federal prosecutor remains in legal limbo, highlighting ongoing disputes about the legality of certain appointments affecting federal law enforcement leadership.