A judge ruled Thursday that President Donald Trump’s former personal attorney, Alina Habba — known for representing Trump in various civil cases — has been unlawfully serving as the United States attorney for the District of New Jersey. Trump appointed Habba to serve as interim U.S. attorney beginning in March.
“She’s gonna be great, I tell ya. She’s gonna be great. She’s a great lawyer and lives in New Jersey and I said, ‘That sounds like a good combination,’” Trump said while announcing her to the role. “Everybody wanted that job, they were all looking for the job. And I said ‘Wait a minute, doesn’t Alina live in New Jersey? Yeah, I think Alina is gonna get that job.’”
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Court finds term expired in July
According to the ruling, the Trump administration has kept Habba in her position without proper legal approval and her official term as interim U.S. attorney legally ended in July.
“Ms. 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,” Chief Judge Matthew W. Brann for the Middle District of Pennsylvania wrote in his ruling.
According to the ruling, the Trump administration illegally attempted to keep her in the job beyond that without getting her confirmed by the U.S. Senate. Trump and U.S. Attorney General Pam Bondi used loopholes in federal law to reclassify Habba as “acting” U.S. attorney instead of “interim,” keeping her in the role without Senate approval, the ruling said.
“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,” Brann added.
Legal challenge prompted decision
Brann made the decision in response to a legal challenge brought by defendants in New Jersey who were being prosecuted by Habba on federal drug trafficking charges. They challenged her legal authority to bring those charges.
They argued that Habba’s 120-day term as interim U.S. attorney expired in July. After that, she no longer had the legal authority to continue prosecuting the case. Meanwhile, federal judges in New Jersey decided not to extend her interim status and instead appointed their pick, attorney Desiree Leigh Grace. Grace was Habba’s first assistant.
Based on that argument, they asked the court to block the charges against them.
Straight Arrow News has reached out to the Department of Justice for comment. Brann’s order is on hold pending an appeal.
