Alina Habba’s appointment as US attorney for New Jersey ‘unlawful,’ judge rules
A federal judge found Thursday that acting U.S. Attorney Alina Habba’s appointment was “unlawful” and that her actions since July as the top federal prosecutor in New Jersey may be declared void.
“The Executive branch has perpetuated Alina Habba’s appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves,” U.S. District Judge Matthew W. Brann wrote in a 77-page 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,” Brann added.
Because Habba, a former Trump lawyer, 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,” he wrote.
Habba criticized the ruling Thursday evening in an interview on Fox News, bashing both Senate Democrats, whom she accused of delaying her confirmation, and “rogue judges” whom she accused of “trying to be political.”
“I am the pick of the president. I am the pick of Pam Bondi, our attorney general, and I will serve this country like I have for the last several years in any capacity,” Habba said.
Brann said his order is on hold pending appellate proceedings, meaning it will not take immediate effect to allow the Trump administration time to appeal the decision.
In his ruling, Brann cited numerous issues with how Habba was appointed. President Donald Trump initially named her interim U.S. attorney on March 24, replacing another person who had been named interim U.S. attorney three weeks earlier.
Habba was sworn in on March 28, but interim appointments are capped at 120 days. Trump nominated her to be the permanent U.S. attorney on June 30, but the “Senate did not act,” Brann noted.
On July 22, judges of the U.S. District Court of New Jersey invoked their statutory power to appoint a new U.S. attorney — Habba’s deputy.
“Trump Administration officials were not pleased with that appointment,” Brann noted, and “conceived a multi-step maneuver” to keep Habba on the job.
Attorney General Pam Bondi fired Habba’s successor and appointed Habba as “Special Attorney to the Attorney General” and then named her to the opened deputy spot, which allowed her to become acting U.S. attorney.
Brann found the moves were improper and a way to sidestep the Senate’s role in the process. He also found that Habba hadn’t legally been appointed deputy and that her appointment as interim U.S. attorney expired earlier than the government maintains it did.
“We will immediately appeal,” Bondi said on X. She wrote that Habba “is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.”
The challenge to Habba’s appointment came from two criminal defendants, and the judge found she was disqualified from having any involvement with their cases.
Abbe Lowell and Gerald Krovatin, the attorneys for one of the men, said in a statement that Habba’s “appointment ignored the rules that give legitimacy to the U.S. Attorney’s office. We appreciate the thoroughness of the court’s opinion, and its decision underscores that this Administration cannot circumvent the congressionally mandated process for confirming U.S. Attorney appointments.”
The New Jersey U.S. attorney’s office did not immediately respond to a request for comment.
Brann, a Republican who was nominated to the bench by President Barack Obama, is chief judge for the Middle District of Pennsylvania and was specially designated to hear the case.
The ruling comes on a day when Habba scored a huge legal victory dating to her time representing Trump — an appeals court dismissed the New York attorney general’s $500 million fraud judgment against Trump.
Habba, who’d been one of the attorneys on the case, posted about the ruling on X earlier in the day, calling the fraud action against him “politically motivated” and “legally baseless.”
“President Trump won — and justice won with him,” she wrote.