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2h ago

Judge Rules Alina Habba Unlawfully Serving as New Jersey U.S. Attorney

A stay for a Justice Department appeal now throws active prosecutions into doubt.

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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 U.S. District Judge Matthew Brann concluded Habba has exercised the office’s powers without lawful authority since her interim term expired in July.
  • He disqualified Habba from participating in specified ongoing cases and said actions she approved since July may be declared void, though he declined to dismiss the charges before him.
  • New Jersey’s federal judges had appointed career prosecutor Desiree Leigh Grace after the 120‑day limit, but Attorney General Pam Bondi removed Grace as DOJ used personnel maneuvers to keep Habba in charge and the White House withdrew her nomination.
  • Brann stayed his ruling to allow a government appeal, with the Justice Department saying it will challenge the decision and expedited review expected in the Third Circuit.
  • The dispute could affect similar appointment tactics used in other districts and follows opposition from New Jersey Senators Cory Booker and Andy Kim that stalled Habba’s Senate confirmation.