Judge Rules Alina Habba’s Appointment as US Attorney Was Unlawful

A federal judge has ruled that lawyer Alina Habba was unlawfully appointed as acting United States attorney for the District of New Jersey, delivering a sharp rebuke to the administration of President Donald Trump.

The decision, issued Thursday by District Judge Matthew Brann, said Habba was not legally in the role since she had not been confirmed by the US Senate.

“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 wrote.

He added that her actions since July 1 “may be declared void”, though he placed the ruling on hold while the Trump administration prepares an appeal.

The dispute arose from defendants in criminal cases prosecuted under Habba. They argued her appointment violated federal procedure.

Two of them, Julien Giraud Jr and Julien Giraud III, face drug and firearm charges. Another, Cesar Humberto Pina, is accused of laundering drug money and running a “Ponzi-like” fraud scheme.

Their lawyers praised the ruling, saying it reinforced the need to follow proper procedures when appointing prosecutors. “Prosecutors wield enormous power, and with that comes responsibility,” attorneys Abbe David Lowell and Gerald Krovatin said.

Habba’s interim role had already expired, since such appointments are capped at 120 days without Senate confirmation. A panel of judges named her deputy, career prosecutor Desiree Grace, to take over.

But the Trump administration rejected that decision. Attorney General Pam Bondi fired Grace and insisted Habba would stay. Bondi said on social media:

“This Department of Justice does not tolerate rogue judges.”

Habba’s appointment has faced extra scrutiny because of her long-time ties to Trump, whom she previously represented in civil cases. Trump announced her as his choice for US attorney for New Jersey back in March, just months after his second election win.