Summary
- Federal judge rules Alina Habba unlawfully serving.
- Habba was Trump's former lawyer.
- Served as top federal prosecutor in New Jersey.
- Ruling made Thursday by a federal judge.
- The decision questions the legality of Habba's appointment.
According to the court, which claimed that the administration employed "a novel series of legal and personnel moves," Habba's tenure as the acting U.S. attorney ended in July, and the Trump administration's actions to retain her in the position without seeking Senate confirmation did not adhere to federal law's requirements.
"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,"
Chief U.S. District Judge Matthew Brann wrote.
Brann stated that he would postpone his order until an appeal was filed.
Habba's office received a message Thursday asking for comment. A request for comment was not immediately answered by the Justice Department.
Brann's ruling follows a filing by defendants from New Jersey contesting Habba's term and the allegations she was bringing against them. They attempted to have the accusations against them blocked, claiming that Habba had the jurisdiction to pursue the case following the expiration of her 120-day interim U.S. attorney term in July.
Another high-profile episode in Habba's brief employment is the defendants' move to block her. Habba was President Donald Trump's personal defense lawyer and a former White House adviser.
When Trump appointed her as the U.S. attorney for New Jersey in March, she garnered media attention. She stated the state could "turn red," which is an unusually direct political statement from a prosecutor, and she intended to look into the Democratic governor and attorney general of the state.
The executive has the power to designate his favorite candidate to enforce federal laws in the state, according to pleadings from the Justice Department, which also claims that the judges' actions were premature.
On July 1, Trump formally nominated Habba as his choice for U.S. attorney; but, due to Booker and Kim's resistance, the nomination would stall out in accordance with a long-standing Senate custom known as senatorial politeness.
A few other Trump nominees for the position of U.S. attorney are in a similar situation.
What are the legal implications of Habba's unlawful service for her cases?
Judge Matthew Brann ruled that Habba is not lawfully holding the office and therefore must be disqualified from participating in any ongoing or future cases within the district. This means she cannot approve indictments, prosecutions, or oversee any legal actions moving forward.
Defendants in cases overseen by Habba could challenge the legitimacy of prosecutions initiated or approved by her, arguing they were made without legal authority. While the judge declined to dismiss cases outright, the ruling opens the door for legal challenges and motions to reconsider evidence or prosecutions.
Actions taken by Habba after July 1, 2025, when her lawful term expired, may be subject to review and could be invalidated if deemed unauthorized, potentially delaying or undermining ongoing prosecutions.