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3w ago

Federal Judge Says Alina Habba Has Been Unlawfully Serving as New Jersey’s U.S. Attorney

The judge stayed his order pending the Justice Department’s appeal.

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FILE — Alina Habba, President Donald Trump's pick to be the interim U.S. Attorney for New Jersey, arrives to speak with reporters outside the White House, March 26, 2025, in Washington. (AP Photo/Mark Schiefelbein, File)
Alina Habba delivers remarks before being sworn in as the interim US Attorney for New Jersey in the Oval Office of the White House on March 28, 2025.

Overview

  • Chief Judge Matthew Brann ruled in a 77-page opinion that Habba has lacked lawful authority since July after the administration used a novel personnel sequence that violated federal statutes.
  • Brann disqualified Habba from participating in ongoing prosecutions and wrote that actions she approved since July may be declared void, though he declined to dismiss the defendants’ cases.
  • The challenge was brought by New Jersey criminal defendants, including Julien Giraud Jr. and Julien Giraud III, and was assigned to Brann because New Jersey’s federal judges had a conflict.
  • Habba’s 120-day interim term expired in July, New Jersey judges appointed career prosecutor Desiree Leigh Grace to replace her, and Attorney General Pam Bondi fired Grace before repositioning Habba as first assistant to claim the acting role.
  • The Justice Department said it will appeal, and the ruling could spur challenges to similarly installed U.S. attorneys as New Jersey prosecutions face uncertainty during the appellate review.