Trump Pick Alina Habba Serving Illegally As US Attorney, Says Federal Judge

Last Updated:August 22, 2025, 03:37 IST

Judge Brann further noted that Habba’s appointment had occurred “through a novel series of legal and personnel moves.”

Habba was sworn in as acting US Attorney on March 28 (Image: AP)

Alina Habba, currently serving as the acting US Attorney for New Jersey, has been disqualified from continuing her role in any active criminal cases initiated by her office. A federal judge issued the ruling on Thursday, stating that the former personal attorney for President Donald Trump has not been lawfully serving in an official legal capacity.

“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," wrote Judge Matthew Brann of the Middle District of Pennsylvania in his opinion.

Judge Brann further noted that Habba’s appointment had occurred “through a novel series of legal and personnel moves." His ruling may still be appealed by the Trump administration before it officially takes effect.

The decision came in response to a legal challenge brought by criminal defendants in New Jersey. The group questioned the validity of the charges filed against them, arguing that Habba no longer held the authority to prosecute after the expiration of her 120-day term in July.

Last month, in anticipation of the term’s expiration, New Jersey’s federal district judges had selected a new nominee to succeed Habba as acting US Attorney. However, that appointment was blocked by US Attorney General Pam Bondi, who removed the judges’ nominee from the office entirely.

Habba was sworn in as acting US Attorney on March 28, shortly after serving as President Trump’s personal legal counsel. In April, during a Fox News interview, she revealed her office had initiated an investigation into New Jersey’s Democratic Governor Phil Murphy and Attorney General Matthew Platkin. The following month, in May, she again appeared on Fox News to announce that criminal charges were being brought against Newark Mayor Ras Baraka.

Her 120-day appointment officially concluded last month. To continue serving in the role beyond that term, Habba would require confirmation by the US Senate, something that has not occurred yet.

The Justice Department, however, has defended her continued service, asserting that the president holds wide authority to fill such vacancies. “The President has made clear that he will not permit anyone other than Ms Habba to fill the current vacancy in the office of the United States Attorney on a temporary basis," prosecutors wrote in a recent court filing.

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New York, United States of America (USA)

First Published:

August 22, 2025, 03:35 IST

News world Trump Pick Alina Habba Serving Illegally As US Attorney, Says Federal Judge

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