A federal judge has determined that Alina Habba is unlawfully holding the position of acting United States Attorney for the District of New Jersey.
The ruling was delivered on Thursday by Judge Matthew Brann of the Middle District of Pennsylvania.
Judge Brann issued a comprehensive 77-page order declaring Habba’s continued service in the role illegitimate. He concluded that her tenure has been invalid since July 1.
The case was heard in Pennsylvania to avoid a conflict of interest, as all federal judges in New Jersey were recused.
Appointment Challenged by Criminal Defendants
The legal challenge against Habba’s appointment was initiated by two criminal defendants in New Jersey, Julien Giraud and Desiree Grace.
They argued that her authority as a prosecutor was unconstitutional, thereby invalidating the cases against them.
The defendants contended that President Donald Trump and Attorney General Pam Bondi manipulated federal vacancy laws to maintain Habba in the position.
Her initial 210-day interim term had expired, but the administration sidestepped the standard confirmation process to extend her authority.
Legal Standing of Top Prosecutor in Question
Judge Brann’s decision validates the core of the defendants’ argument, finding that the methods used to keep Habba in office were not legally sound.
This ruling casts serious doubt on the legitimacy of actions taken by the U.S. Attorney’s office in New Jersey under her leadership since the beginning of July.
The case carries significant implications and may be appealed to the Third Circuit Court of Appeals.
President Trump has publicly stood by Habba throughout the legal dispute. The controversy also involves the earlier firing of Desiree Grace, a former U.S. Attorney appointed during the Obama administration, who is one of the defendants challenging Habba’s role.
