A federal judge has determined that Alina Habba, a former lawyer for President Donald Trump, has been unlawfully acting as the top federal prosecutor in New Jersey. U.S. District Judge Matthew Brann ruled that her interim position had expired in July and that the Trump administration’s attempts to keep her in the role without Senate confirmation did not adhere to federal law.
Judge Brann expressed, “I conclude that Ms. Habba is not lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey.” He indicated that actions taken by Habba post-July “may be declared void,” although he paused his ruling to allow the Justice Department to appeal.
It remains uncertain whether Habba will stay in charge temporarily or who will oversee critical decisions in the prosecutor’s office during this time. A request for comment was made to Habba’s office.
In response to the ruling, Attorney General Pam Bondi announced plans to appeal, praising Habba for her work in New Jersey and stating that her position would be defended against what she termed “activist judicial attacks.”
If the judge’s ruling stands, it could lead to challenges against multiple U.S. attorneys who were similarly appointed without Senate approval during the Trump administration once their temporary assignments expire. This judicial decision criticizes the strategy of installing interim appointments that bypass the necessary Senate confirmations, a process meant to ensure bipartisanship.
Judge Brann, appointed by Barack Obama but noted as a Republican, pointed out the danger in allowing the President to fill important positions without proper oversight from the Senate. This situation arose following challenges from individuals charged with federal crimes in New Jersey who argued that Habba lacked the authority to prosecute their cases after her interim appointment concluded.
Attorney representatives for one defendant welcomed the ruling, emphasizing the importance of having qualified and properly appointed prosecutors. They noted that the legitimacy of the U.S. Attorney’s office must be upheld according to established rules.
Habba previously represented Trump and expressed an ambition to influence New Jersey politically by investigating state Democrats. She had initiated charges against local officials, including a trespassing charge against Newark’s mayor, which was dropped.
Questions about her ongoing role surfaced as her appointment neared its end, especially with New Jersey’s Democratic senators likely to block her nomination. In a contentious move, federal judges replaced Habba with a career prosecutor when her term expired. Subsequently, Bondi dismissed that prosecutor and reinstated Habba, contending that Trump had the authority to appoint his candidate for enforcing federal laws in the state.
This ruling reinforces that presidential appointments are always subject to existing legal frameworks and limits.
