A U.S. federal judge has ruled that Alina Habba, Donald Trump’s former personal lawyer, was unlawfully serving as acting U.S. attorney for New Jersey after her interim term ended in July. Chief District Judge Matthew Brann determined that the Trump administration’s efforts to retain her through unconventional legal and personnel maneuvers violated federal law, which requires Senate confirmation for such roles.
Brann stated that Habba’s actions since July “may be declared void,” though he paused enforcement of the ruling pending appeal. The case arose after defendants in New Jersey argued she lacked proper authority once her 120-day interim period expired.
Habba, nominated in March, drew opposition from Democratic senators in the state, which stalled her confirmation. Federal judges attempted to replace her with a career prosecutor, but the Trump administration blocked the move and reinstated her despite Senate objections. Brann cautioned that allowing such tactics would let presidents sidestep Senate oversight entirely.
The Justice Department confirmed it would appeal, while the ruling raises broader concerns about similar appointments made under Trump’s presidency.
