On August 21, 2025, the ongoing saga over the leadership of the United States Attorney’s Office in New Jersey took a dramatic turn, as U.S. District Judge Matthew W. Brann ruled that acting U.S. Attorney Alina Habba’s appointment was unlawful. This decision, which may render void all actions taken by Habba since July, has set off a fierce clash between the Trump administration and the federal judiciary, raising questions about the boundaries of executive power and the integrity of the Justice Department’s appointment process.
Judge Brann, a Republican appointed to the federal bench by President Barack Obama and specially designated to hear the case, issued a 77-page ruling that left little room for doubt about his conclusions. “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, as reported by Reuters. He further criticized the Trump administration’s approach, stating, “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.”
The controversy centers on the process by which Habba, a longtime Trump ally and former personal lawyer to the president, was installed and retained in the powerful role of New Jersey’s top federal prosecutor. According to Reuters and AP, President Donald Trump named Habba as interim U.S. attorney on March 24, 2025, with her swearing-in following on March 28. However, federal rules cap such interim appointments at 120 days, after which a panel of district judges is empowered to select a replacement if the Senate has not confirmed a permanent nominee.
That critical 120-day mark arrived on July 22, 2025. At that point, the judges of the U.S. District Court for New Jersey exercised their authority and appointed Habba’s deputy, career prosecutor Desiree Grace, to serve as U.S. attorney. The Trump administration, however, was quick to reject this judicial move. Attorney General Pam Bondi fired Grace, named Habba as “Special Attorney to the Attorney General,” and then appointed her to the vacant deputy position—maneuvers that, according to Judge Brann, were orchestrated to allow Habba to continue as acting U.S. attorney without Senate confirmation.
“Trump Administration officials were not pleased with that appointment,” Brann noted in his ruling, describing the administration’s efforts as a “multi-step maneuver” designed to sidestep the Senate’s role in the process. He concluded that Habba had not legally been appointed deputy and that her interim appointment had expired earlier than the government maintained. As a result, Brann ruled, “she must be disqualified from participating in any ongoing cases.”
The challenge to Habba’s continued role came from criminal defendants in cases she was pursuing. Two, Julien Giraud Jr. and Julien Giraud III, faced drug and firearm-related charges, while a third, Cesar Humberto Pina, was accused of laundering drug proceeds and participating in a “multi-million-dollar Ponzi-like investment fraud scheme,” as detailed by Reuters. Attorneys Abbe David Lowell and Gerald Krovatin, representing Pina, praised the court’s thoroughness and emphasized the importance of adhering to the congressionally mandated process for confirming U.S. attorneys. “Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed,” they wrote in a statement. “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.”
For her part, Habba rejected the ruling in a Fox News interview on Thursday evening, criticizing both Senate Democrats—whom she accused of stalling her confirmation—and what she described as “rogue judges” seeking to play politics. “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 declared. Attorney General Bondi, echoing that defiance, stated on X (formerly Twitter), “We will immediately appeal.” She added, “Habba is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.”
Brann’s order is currently on hold pending appellate proceedings, meaning it will not take immediate effect and giving the Trump administration time to challenge the decision. This delay ensures that the legal and political wrangling over the New Jersey U.S. attorney’s office will continue to play out in the coming weeks.
Habba’s tenure has been marked by controversy beyond her appointment. Since taking on the role of interim U.S. attorney, she has made statements indicating her intent to “turn New Jersey red,” suggesting a willingness to use her traditionally nonpartisan post for partisan ends. Her office has led investigations and prosecutions criticized as politically motivated, including a probe into New Jersey’s Democratic Governor Phil Murphy over his immigration policies and charges against Newark Mayor Ras Baraka for trespassing during a visit to the Delaney Hall immigration detention facility. Those charges were later dropped, and a member of Habba’s office was rebuked in court by Judge Andre Espinosa, who remarked, “An arrest, particularly of a public figure, is not a preliminary investigative tool.” Baraka has since filed a civil complaint accusing Habba of “subjecting him to false arrest and malicious prosecution.” Nevertheless, Habba continues to pursue criminal charges against U.S. Representative LaMonica McIver for assault during the same incident, a move McIver has called a “blatant political attack.”
Habba’s close relationship with President Trump has also drawn scrutiny. She was an early appointment to Trump’s second term, joining the White House as a counselor shortly after his 2024 election victory. Her track record as Trump’s personal lawyer is mixed: she won a defamation suit brought by former reality TV contestant Summer Zervos but lost two high-profile cases—a defamation suit by writer E. Jean Carroll and a civil fraud case led by New York Attorney General Letitia James. Trump is currently appealing both of those decisions. Notably, on the same day as Judge Brann’s ruling, Habba scored a major legal win when an appeals court dismissed the $500 million fraud judgment against Trump, a case she had worked on. Habba celebrated the outcome on social media, calling the original fraud action “politically motivated” and “legally baseless,” and declaring, “President Trump won — and justice won with him.”
As the Trump administration prepares its appeal, the future of the New Jersey U.S. attorney’s office remains uncertain. The case has become a flashpoint in the broader debate over the separation of powers and the politicization of federal law enforcement. With both sides digging in, the final outcome will likely set an important precedent for how U.S. attorneys are appointed and held accountable in the years ahead.
The story of Alina Habba’s contested appointment is far from over, and the stakes—for New Jersey, for the Justice Department, and for the nation’s constitutional order—could hardly be higher.
