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22 August 2025

Judge Rules Alina Habba Illegally Serves As New Jersey US Attorney

A federal judge blocks Trump’s pick Alina Habba from prosecuting cases in New Jersey, raising questions about the administration’s methods for bypassing Senate confirmation and igniting political controversy.

On Thursday, August 21, 2025, a major legal and political drama unfolded in New Jersey as U.S. District Judge Matthew Brann ruled that Alina Habba, President Donald Trump’s former personal lawyer and a prominent ally, has been illegally serving as the acting U.S. attorney for the state since July. The decision, delivered in a comprehensive 77-page opinion, not only blocks Habba from prosecuting two high-profile criminal cases but also raises fresh questions about the Trump administration’s controversial tactics for installing top federal prosecutors without Senate confirmation.

Judge Brann’s ruling came after defendants in two separate criminal cases—Julien Giraud Jr., Julien Giraud III, and Ceasar Humberto Pina—challenged Habba’s authority to prosecute them. The Girauds, indicted in November 2024 on drug and firearm charges, and Pina, who faces wire fraud, bribery, and money laundering charges from a July 2025 indictment, argued that Habba’s appointment violated federal law. According to CNN, Brann agreed, writing, “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’s decision found that Habba’s term as interim U.S. attorney expired in July, and that the Trump administration’s “novel series of legal and personnel moves” to keep her in the role without Senate confirmation did not comply with the procedures required by federal law. Specifically, after New Jersey’s federal judges refused to extend Habba’s 120-day interim appointment, they voted to replace her with Desiree Leigh Grace, a career prosecutor. In a swift countermove, President Trump withdrew Habba’s nomination for the permanent position, fired Grace from her new post, and reappointed Habba as first assistant U.S. attorney—a loophole that allowed her to resume the acting role immediately. As The Daily Mail and Associated Press reported, Judge Brann found this maneuver illegal and stated that Habba must be disqualified from participating in any ongoing cases.

“Because she 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,” Brann wrote. He also addressed the broader implications of the administration’s approach, warning that “taken to the extreme, the President could use this method to staff the United States Attorney’s office with individuals of his personal choice for an entire term without seeking the Senate’s advice and consent.”

The Department of Justice, undeterred by the setback, immediately announced plans to appeal the decision to the Third Circuit Court of Appeals. In the meantime, Brann stayed his order, meaning Habba will remain in her position while the appellate process unfolds. The uncertainty has already disrupted the New Jersey federal court system, with judges canceling plea hearings and sentencings, and grand juries not returning indictments in recent weeks, as reported by CNN.

Habba, for her part, remained defiant in the face of the ruling. Speaking to Fox News on Thursday night, she declared, “We will win, we always do, it just takes time.” She emphasized her loyalty to the Trump administration, saying, “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.”

The legal challenge to Habba’s appointment is rooted in federal law governing the selection of U.S. attorneys. Under the statute, interim U.S. attorneys may serve for only 120 days, after which federal judges can appoint a temporary replacement if the administration’s preferred candidate is not confirmed by the Senate. If there is no confirmed U.S. attorney, the Federal Vacancies Reform Act dictates that the first assistant automatically becomes acting U.S. attorney. In Habba’s case, the judges declined to appoint her, opting instead for Grace—who was promptly dismissed by the Justice Department, clearing the way for Habba’s return.

This episode is not isolated. According to CNN, other U.S. attorneys, such as John Sarcone in the Northern District of New York, Bilal Essayli in Central California, and Sigal Chattah in Nevada, have been appointed under similar circumstances after failing to secure indefinite interim status extensions from federal judges. Legal experts warn that Brann’s ruling could have far-reaching consequences for the Trump administration’s broader strategy. Anne Joseph O’Connell, a professor at Stanford Law School, noted, “It opens up a challenge to any acting official serving under Federal Vacancies Reform Act who was named first assistant to Senate-confirmed slot after the last confirmed person departed. That’s acting U.S. attorneys but it’s not limited to U.S. attorneys.”

The controversy is further fueled by political tensions. Habba’s permanent confirmation has been blocked in the Senate, largely due to opposition from New Jersey’s two Democratic senators, Cory Booker and Andy Kim. Democrats have accused Habba of pursuing “frivolous and politically motivated” prosecutions, referencing her high-profile but ultimately dropped trespassing charge against Newark Mayor Ras Baraka and her April 2025 social media statement threatening to pursue charges against politicians who violate Trump’s executive orders. Habba’s overtly political statements, including her pledge to “turn New Jersey red” and investigate the state’s Democratic governor and attorney general, have drawn criticism for blurring the lines between law enforcement and partisan politics, as reported by Associated Press.

Defense attorneys welcomed Judge Brann’s decision, emphasizing the importance of legitimacy in federal prosecutions. “Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed,” said Abbe D. Lowell and Gerald Krovatin, lawyers for one of the defendants, in a statement to the Associated Press. “We challenged the authority of Alina Habba because her 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 Justice Department, however, maintains that the president has broad authority to fill such vacancies. In a court filing, prosecutors argued, “The President has made clear that he will not permit anyone other than Ms. Habba to fill the current vacancy in the office of the United States Attorney on a temporary basis. That is his prerogative; this Court cannot second-guess it.” They further asserted that it is important for the Department of Justice to be overseen by someone with the executive branch’s backing, even in the absence of a Senate-confirmed, interim, or acting U.S. attorney.

Judge Brann’s opinion, while technical, carried a broader warning about the risks of bypassing established legal norms for political expediency. “A government operating by handshake and mutual understanding may go along swimmingly, but only for so long as everyone is willing to play by the rules,” he wrote. “Those rules are the result of good-faith compromise—a concession by one branch is premised on the understanding that another branch will not abuse the benefit.”

As the case heads for appeal and the future of New Jersey’s top federal prosecutor remains uncertain, the ruling has already sent ripples through the justice system and political world alike. The outcome could reshape not only the fate of Alina Habba but also the broader landscape for how presidents fill key law enforcement posts when the Senate stands in the way.