A federal judge has ruled that Alina Habba, one of Donald Trump’s closest allies and former personal lawyer, is unlawfully serving as the acting US attorney for New Jersey.
The decision, issued Thursday by District Judge Matthew Brann, delivers a major blow to Trump’s Justice Department, which has fought to keep Habba in the powerful post despite a previous order removing her.
“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 in his ruling.
The judge accused the Trump administration of using “a novel series of legal and personnel moves” to keep Habba in office even though she was never confirmed by the Senate. That means, Brann added, that her actions since July 1 “may be declared void.”
For now, Brann put the ruling on hold while the Trump administration prepares to appeal.
Defendants Push Back
The legal challenge came from defendants in criminal cases Habba was pursuing, including Julien Giraud Jr. and Julien Giraud III, who face drug and gun charges, and Cesar Humberto Pina, accused of laundering drug money and running a “multi-million-dollar Ponzi-like investment fraud scheme.”
Lawyers for Pina applauded the ruling. “Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed,” attorneys Abbe David Lowell and Gerald Krovatin said in a statement.
A Showdown With the Courts
The case highlights a larger clash between Trump and the judiciary, a branch of government he has repeatedly accused of political bias.
By law, interim US attorneys can only serve for 120 days before requiring Senate confirmation or approval from a district court panel. In July, that panel rejected Habba’s bid to remain in office and instead appointed her deputy, career prosecutor Desiree Grace.
But the Trump administration refused to accept the ruling. Attorney General Pam Bondi fired Grace and announced Habba would remain in charge, blasting judges as “rogue” in a social media post.
This isn’t the first time Trump’s DOJ has tried to hold onto interim attorneys beyond their terms, but Habba’s situation has drawn particular scrutiny because of her direct ties to the president.
Habba’s Political Ties
Habba has been one of Trump’s most visible legal defenders for years. After Trump’s 2024 election victory, he tapped her as a White House counselor, then nominated her in March as his choice for New Jersey’s top prosecutor.
She previously represented Trump in several high-profile cases—winning a defamation suit brought by Summer Zervos, but losing others, including writer E. Jean Carroll’s case and New York Attorney General Letitia James’ civil fraud suit. Trump is still appealing both losses.
Since becoming interim US attorney, Habba has raised eyebrows with politically charged comments, once telling a podcast she hoped to “turn New Jersey red.” Critics say her prosecutions have crossed partisan lines.
She investigated Democratic Gov. Phil Murphy over immigration policies and even filed trespassing charges against Newark Mayor Ras Baraka after he tried to tour an immigration detention center with members of Congress. A judge later threw out those charges, rebuking Habba’s office for overreach. Baraka has since filed a civil complaint accusing her of false arrest and malicious prosecution.
Habba is still pursuing charges against US Rep. LaMonica McIver for assault during the same incident. McIver has called the case a “blatant political attack.”
