Federal judge rules Alina Habba’s appointment unlawful, igniting Trump’s clash with the judiciary.
A federal judge has delivered a stinging rebuke to Donald Trump’s administration, ruling that Alina Habba, one of the president’s most loyal lawyers, has been unlawfully serving as acting United States attorney for the District of New Jersey.
District Judge Matthew Brann issued the ruling on Thursday, concluding that Habba’s continued role flouted legal procedure and undermined the congressional framework for appointing federal prosecutors.
“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 his order.
The decision stems from a July ruling by a judicial panel, which declined to extend Habba’s interim appointment beyond the statutory 120-day limit. Instead, the judges named career prosecutor Desiree Grace as her successor. But Trump’s attorney general, Pam Bondi, quickly dismissed Grace and announced Habba would remain in post regardless. Bondi inflamed tensions further by declaring on social media that “this Department of Justice does not tolerate rogue judges.”
Embed from Getty ImagesBrann’s judgment makes clear that any actions Habba has taken since 1 July “may be declared void.” However, he paused enforcement of his ruling, anticipating a swift appeal from the Trump administration.
The case was triggered by defendants facing trial under Habba’s office. Julien Giraud Jr and Julien Giraud III face charges over drugs and firearms, while Cesar Humberto Pina stands accused of laundering narcotics money through what prosecutors described as a “multi-million-dollar Ponzi-like scheme.” Their lawyers seized on Habba’s contested appointment, arguing that prosecutions launched under her watch carried no legal authority.
Celebrating the ruling, Pina’s defence team, Abbe David Lowell and Gerald Krovatin, warned against political interference in prosecutorial powers. “Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed,” they said.
The judgment marks a significant escalation in Trump’s ongoing confrontation with the judiciary. Since returning to the White House in 2025, Trump has repeatedly accused judges of bias and has sought to retain loyal allies in key federal roles. Habba, long a trusted member of his inner circle, exemplifies that approach.
Before stepping into government, she acted as Trump’s personal lawyer. She scored one victory in a defamation case brought by former reality television contestant Summer Zervos, but she lost two others — including a civil fraud case pursued by New York Attorney General Letitia James, and writer E. Jean Carroll’s defamation suit. Both are now under appeal.
Trump appointed Habba as counsellor to his administration shortly after his 2024 election victory, and in March he revealed her as his pick for the US attorney position in New Jersey. That nomination, however, has never been confirmed by the Senate. Instead, she has been holding the post on an interim basis, a stopgap now deemed unlawful.
Her tenure has been controversial. Habba has openly suggested she hopes to “turn New Jersey red” from her federal office, a statement critics seized on as evidence she views her role through a partisan lens. She has also overseen prosecutions widely condemned as politically motivated. Among them was an attempted case against New Jersey’s Democratic governor Phil Murphy over immigration policies.
More dramatically, she ordered the arrest of Newark Mayor Ras Baraka after he joined members of Congress on a visit to an immigration detention centre. The charges were later dropped, with Judge Andre Espinosa scolding Habba’s office: “An arrest, particularly of a public figure, is not a preliminary investigative tool.” Baraka has since filed a civil complaint, accusing her of malicious prosecution.
Despite the setbacks, Habba has pressed ahead with charges against Representative LaMonica McIver, who was caught up in the same immigration-centre dispute. McIver has branded the case a “blatant political attack.”
Thursday’s ruling leaves Trump’s administration facing a stark choice: comply with the judicial order and replace Habba, or continue a constitutional clash with the courts. Either way, the future of prosecutions in New Jersey now hangs in limbo — and the spotlight on Habba, already one of Trump’s most controversial allies, is brighter than ever.