Judge Rules Alina Habba Unlawfully Served as New Jersey U.S. Attorney

On Thursday, a U.S. District Judge ruled that Alina Habba, who previously served as President Donald Trump's lawyer, wrongfully occupied the position of top federal prosecutor for New Jersey. According to Judge Matthew Brann, Habba's term as interim U.S. attorney officially ended on July 26, and her continued role without necessary Senate confirmation violated federal law. The judge concluded that she was not legally eligible to perform the responsibilities associated with the U.S. attorney's office and deemed her position unlawful since July 24, 2025.

The ruling was prompted by a legal challenge from defendants in New Jersey who were contesting both Habba's authority to prosecute their case and the charges against them. They argued that since Habba's 120-day interim appointment had lapsed, she lacked the legal standing to pursue the prosecution, leading to the court's decision. Judge Brann has since put his ruling on hold while the case undergoes an appeal process.

Habba, who gained attention after being appointed by Trump, suggested that New Jersey could swing to Republican, a rare political stance for a prosecutor to take. Throughout her brief tenure, she initiated a controversial trespassing charge against Newark Mayor Ras Baraka, which was later dismissed, along with assault charges against Democratic Rep. LaMonica McIver related to the same incident. However, as her temporary appointment neared its end, it became clear she did not have the support needed from Democratic Senators Cory Booker and Andy Kim, which resulted in Trump's withdrawal of her nomination. Concurrently, federal judges aimed to replace her with a career prosecutor when her term expired, but Attorney General Pam Bondi intervened, reappointing Habba. Despite a formal nomination on July 1, opposition from the senators, reflecting a practice known as senatorial courtesy, stalled her appointment, as has occurred with several other Trump-nominated U.S. attorneys.