Judge Rules Alina Habba Serving Unlawfully in New Jersey/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A federal judge ruled that former Trump lawyer Alina Habba is unlawfully serving as U.S. attorney in New Jersey. The decision challenges the administration’s strategy of bypassing Senate confirmation through repeated temporary appointments. The DOJ is expected to appeal as legal and political fallout mounts.
Alina Habba’s Appointment Ruled Unlawful: Quick Looks
- Judge says Alina Habba’s term as U.S. attorney expired in July.
- Trump administration’s method of reappointing her violated federal law.
- Senate confirmation required for continued service past 120 days.
- Judge warns president cannot bypass Senate indefinitely.
- Justice Department may appeal; ruling temporarily on hold.
- Habba charged high-profile Democrats, prompting legal challenges.
- Defense attorneys say ruling protects rule of law.
- Potential implications for other Trump-appointed prosecutors.
Judge Rules Alina Habba Serving Unlawfully in New Jersey
Deep Look
WASHINGTON, D.C. — A federal judge ruled Thursday that Alina Habba, a former personal lawyer to President Donald Trump, has been illegally serving as the top federal prosecutor in New Jersey since her interim term expired in July. The decision could undermine several ongoing prosecutions and raises serious questions about the Trump administration’s approach to U.S. attorney appointments.
In a strongly worded decision, Chief U.S. District Judge Matthew Brann wrote that the administration had used a “novel series of legal and personnel moves” to keep Habba in place — moves that bypassed the U.S. Senate’s confirmation process, a constitutional requirement for permanent federal appointments.
“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 stated in the ruling.
Although the court’s decision puts Habba’s actions under legal scrutiny, Brann stayed his order to give the Justice Department time to appeal.
Bypassing Senate Approval Raises Alarm
Habba’s appointment, initially made in March 2025, was set to expire after 120 days, per federal statute. When it did, New Jersey’s federal judges named a career prosecutor to replace her — a common safeguard to ensure continuity and neutrality in federal law enforcement.
However, Attorney General Pam Bondi — a close Trump ally — swiftly fired the newly appointed prosecutor and reinstated Habba, prompting lawsuits and challenges from criminal defendants facing prosecution under her leadership.
In his decision, Judge Brann sharply criticized this maneuver:
“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.”
Brann, a Republican-appointed judge originally nominated by President Barack Obama, added that the Constitution’s “advice and consent” clause was being undermined by such tactics.
Legal Fallout Already Underway
The ruling stems from lawsuits filed by defendants charged in federal cases under Habba’s authority. They argued that any legal actions she authorized after July were invalid.
Defense attorneys Abbe Lowell and Gerald Krovatin, representing one of the defendants, praised the court’s ruling.
“Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed,” they said. “This administration cannot circumvent the congressionally mandated process for confirming U.S. attorney appointments.”
If upheld, the decision could invalidate indictments or other prosecutorial actions taken since Habba’s legal term ended. It may also affect other U.S. attorneys appointed through similar mechanisms under Trump’s second term.
High-Profile and Politically Charged Cases
Habba’s time in office has not been without controversy. She brought federal trespassing charges against Newark Mayor Ras Baraka after a visit to an immigration detention center — a case that was later dropped. She also charged U.S. Rep. LaMonica McIver, a Democrat, with assault related to the same incident.
Both cases raised eyebrows across legal and political circles due to their rarity and timing, with critics suggesting that Habba was politically motivated in her prosecutorial priorities.
Adding to the concerns, Habba had previously made public comments indicating that she wanted to “turn New Jersey red”, an unusually partisan stance for a federal prosecutor.
Administration Defends Habba, Signals Appeal
Attorney General Pam Bondi reacted swiftly to the ruling, defending Habba on social media.
“Alina is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks,” Bondi wrote, confirming the Justice Department’s intention to appeal.
It remains unclear whether Habba will continue in her role during the appeal, or whether the court will appoint a neutral placeholder.
What’s Next?
Legal analysts say the ruling could set a major precedent for how U.S. attorneys are appointed and how long interim appointees may serve without Senate confirmation.
More immediately, courts may be asked to review cases and decisions made under Habba’s authority — with potential ripple effects throughout the federal justice system.
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