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4h ago

Judge Rules Alina Habba Unlawfully Serving as New Jersey U.S. Attorney as Order Is Stayed for Appeal

The decision rejects the administration’s vacancy maneuvers, with an expedited appeal likely to test how U.S. attorney vacancies may be filled.

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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 found Habba has lacked lawful authority since July 1 and disqualified her from participating in ongoing cases.
  • He stayed the ruling pending the government’s appeal, leaving key New Jersey prosecutions and office operations in temporary limbo.
  • The challenge was brought by criminal defendants including Julian Giraud Jr. and Julian Giraud III, who argued her authority expired after a 120-day interim term.
  • Brann wrote that actions Habba approved after July 1 may be declared void, but he declined to dismiss the defendants’ cases outright.
  • The opinion rebukes the firing of court‑appointed successor Desiree Leigh Grace and the effort to reinstall Habba via vacancy statutes, a strategy used in other districts that could face scrutiny.