Federal judge rules Trump appointee Alina Habba is unlawfully serving as US attorney
Judge Matthe Brann said Habba has been serving unlawfully as U.S. attorney in New Jersey since July 1
By Ashley Oliver Fox News
Published August 21, 2025 3:38pm EDT
A judge on Thursday found that Alina Habba was unlawfully serving in the role of acting U.S. attorney of New Jersey after President Donald Trump sidestepped typical processes to keep her in charge.
Judge Matthew Brann said Habba has not been the rightful temporary U.S. attorney for New Jersey since July 1, a ruling that follows two criminal defendants in New Jersey challenging her appointment in court, alleging it was unconstitutional.
"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 a 77-page order.
Habba, Trump's former personal defense lawyer, had been serving as interim U.S. attorney, but when her term expired last month, Trump and Attorney General Pam Bondi used loopholes in federal vacancy laws to install her as "acting" rather than "interim" U.S. attorney.
One of the defendants in the district, Julien Giraud, alleged that the moves violated his constitutional rights because of the string of unconventional actions it took to attempt to keep Habba in the role.
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