A federal judge has ruled that Alina Habba, once a personal attorney to Donald Trump, was never lawfully appointed as U.S. Attorney for New Jersey — throwing her authority and months of prosecutions into doubt.
The decision delivers a sharp blow to Trump’s Justice Department, which had attempted a series of procedural maneuvers to keep Habba in the role after her interim tenure expired.
“Ms. Habba is not lawfully performing the duties of the office,” wrote U.S. District Judge Matthew Brann, who underscored that actions she approved since July 1 — including indictments — may now be deemed void.
The challenge was sparked by defendants in two high-stakes cases: Julien Giraud Jr. and Julien Giraud III in a narcotics prosecution, and Cesar Humberto Pina, accused of laundering drug proceeds. Their legal teams argued the administration sidestepped the process Congress established for U.S. Attorney confirmations.
The ruling could ripple through hundreds of federal prosecutions in New Jersey, halting cases and fueling a wave of appeals.
Defense attorneys hailed the court’s findings, saying it reaffirmed that “prosecutors wield enormous power” and must be properly appointed to exercise it.
But the Justice Department, led by Attorney General Pam Bondi, immediately vowed to appeal. Bondi defended Habba as “doing incredible work” and denounced what she called “activist judicial attacks.” Habba, appearing on television, dismissed the ruling as politically driven and insisted she would continue serving.
The administration has tried similar tactics elsewhere, maneuvering to extend the tenure of other Trump-aligned prosecutors despite judicial resistance. In New Jersey, the court had appointed career prosecutor Desiree Grace as Habba’s successor — only for the Trump White House to abruptly fire her.
With Brann’s ruling, the legal showdown now intensifies, threatening to upend federal prosecutions in the state and setting the stage for an appeal that could reach higher courts.
