A federal judge delivered a significant blow to the Trump administration Thursday, ruling that Alina Habba is unlawfully serving as acting U.S. attorney for New Jersey.
The decision marks the latest chapter in an ongoing legal battle over the president’s attempt to maintain his ally in a powerful prosecutorial position.
Judge Matthew Brann of the Middle District of Pennsylvania issued the ruling after examining the complex legal maneuvering that returned Habba to her role.
The Obama-appointed judge concluded that President Trump’s strategy to circumvent judicial opposition was illegal under federal law.
The controversy began in July when Habba’s 120-day interim appointment expired, Resist the Mainstream previously reported.
A panel of judges, predominantly appointed by Democratic presidents, refused to extend her temporary tenure while she awaited Senate confirmation for the permanent position.
The judicial panel instead installed Desiree Leigh Grace, who had been serving as first assistant prosecutor under Habba.
This decision represented a direct rebuke to the Trump administration’s choice for the high-profile prosecutorial role.
President Trump responded swiftly to the judicial intervention.
He withdrew Habba’s nomination from the permanent position and instead appointed her as first assistant U.S. attorney, creating what appeared to be a legal workaround.
This tactical appointment allowed Habba to resume leading the office in an acting capacity.
The maneuver seemed designed to restore her authority despite the judicial panel’s opposition to extending her original interim role. However, Judge Brann rejected this approach in his Thursday ruling.
“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.
The judge went further in his decision, addressing the practical implications for ongoing legal matters.
“And because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases,” Judge Brann stated.
Habba’s path to this controversial position began during Trump’s 2024 campaign.
She gained prominence defending the former president in New York civil cases before joining his presidential campaign team.
Following Trump’s election victory, Habba briefly served as Counselor to the President in Washington, D.C.
After just a few months in the nation’s capital, Trump appointed her to lead the New Jersey U.S. attorney’s office.
The appointment sent Habba back to her home state of New Jersey, where she first established her connection with Trump.
Her permitted 120-day interim period officially expired on July 25, 2025, per the Daily Mail.
Trump’s dissatisfaction with the judicial panel’s decision to install Grace was evident in his immediate response.
He removed Grace from her newly appointed role and restored Habba to the leadership position through the assistant attorney appointment strategy.
Habba’s path to permanent confirmation faces significant obstacles in the Senate.
Both of New Jersey’s Democratic senators have publicly opposed her nomination, creating a substantial hurdle for her confirmation process.
The legal challenges to Habba’s authority extend beyond Thursday’s ruling.
Her continuing role is being contested in two separate criminal cases, with attorneys arguing that her appointment violates federal statutory requirements.
While Judge Brann ruled against the legality of her appointment, legal experts anticipate the decision will face an appeal process.
The administration is expected to challenge the ruling in higher courts.
