Obama-Appointed Judge Strips Trump Ally of Authority

A federal judge has ruled that Alina Habba, one of President Donald Trump’s closest legal allies, has been unlawfully serving as the acting U.S. Attorney for New Jersey since July 1, throwing the state’s federal prosecutions into turmoil.

In a 77-page decision issued Thursday, Judge Matthew Brann declared that Trump’s appointment of Habba sidestepped federal vacancy laws and violated the Federal Vacancies Reform Act (FVRA). “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.

Habba, formerly Trump’s personal defense lawyer, was originally appointed as interim U.S. attorney in March, a designation that under federal law expires after 120 days unless extended by judicial approval or Senate confirmation.

But when New Jersey’s federal judges refused to extend her term in July, Trump and Attorney General Pam Bondi took an unusual step: they fired career prosecutor Desiree Leigh Grace, who had been appointed by the judges, withdrew Habba’s stalled permanent nomination, and reinstalled her as “acting” U.S. attorney using a controversial reading of federal vacancy statutes.

Critics accused the administration of exploiting loopholes to bypass Senate oversight, while supporters argued the maneuver was within the law.

The dispute came to a head after two criminal defendants challenged Habba’s authority in court, alleging that her continued service was unconstitutional. One defendant, Julien Giraud, claimed his rights were violated by being prosecuted by an unlawfully appointed U.S. attorney.

Judge Brann agreed, ruling that Habba could not oversee their cases and invalidating her signature on all related court filings. While the prosecutions themselves will continue under other officials, the ruling opens the door for dozens—if not hundreds—of defendants in New Jersey to challenge the legality of Habba’s role in their cases.

The Justice Department has signaled plans to appeal the decision, meaning Habba will remain in her position temporarily while higher courts review the ruling. However, the uncertainty creates chaos for federal prosecutors, who may now need to refile or re-sign critical documents to avoid future challenges.

Brann’s decision also has potential national consequences, as Trump and Bondi have used similar tactics to install preferred prosecutors in blue states like New York and California where Senate confirmation has been unlikely.

Brann’s rebuke of the administration was pointed. He criticized the DOJ’s interpretation of the FVRA, writing that allowing the president to bypass Congress entirely “opens a gaping loophole in this tightly crafted scheme meant to provide only limited flexibility and prevent manipulation.”

For now, Habba’s future—and the stability of the U.S. Attorney’s Office in New Jersey—hangs in limbo as the legal battle intensifies.