From Fox News: A judge on Thursday found that Alina Habba was unlawfully serving in the role of acting U.S. attorney of New Jersey after President Donald Trump sidestepped typical processes to keep her in charge.
Judge Matthew Brann said Habba has not been the rightful temporary U.S. attorney for New Jersey since July 1, a ruling that follows two criminal defendants in New Jersey challenging her appointment in court, alleging it was unconstitutional.
“Faced with the question of whether Ms. Habba is lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey, I conclude that she is not,” Brann wrote in a 77-page order.
Habba, Trump’s former personal defense lawyer, had been serving as interim U.S. attorney, but when her term expired last month, Trump and Attorney General Pam Bondi used loopholes in federal vacancy laws to install her as “acting” rather than “interim” U.S. attorney.
The report further explains:
Last month, the New Jersey judges made the rare decision to decline to extend Habba’s term and instead appointed career attorney Desiree Grace to the job. Trump and Bondi fired Grace, withdrew Habba’s nomination as permanent U.S. attorney and then reinstated Habba as acting U.S. attorney, which they said kept Habba in charge for at least another 210 days under federal statute.
The matter still isn’t final. The Wall Street Journal wrote: The Justice Department could appeal the ruling. Brann said he would put his decision on hold while any appeal proceeds.
Attorney General Pam Bondi reacted to the ruling, writing on X, “We will immediately appeal. @USAttyHabba is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.”
We will immediately appeal. @USAttyHabba is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.https://t.co/BSBlYPcGy6
— Attorney General Pamela Bondi (@AGPamBondi) August 21, 2025
Brann, 60 was nominated by former president Barack Obama in May 2012, and he was confirmed by the Senate in a unanimous vote in December 2012.
🚨 BREAKING – JUDICIAL COUP: An activist judge just said that Alina Habba is NOT legally allowed to serve as Acting US Attorney for New Jersey, after President Trump reappointed her.
This weird-looking Obama judge is trying to subvert Article 2.
“And because she is not… pic.twitter.com/49KO1patQG
— Eric Daugherty (@EricLDaugh) August 21, 2025
Federal judge rules Trump appointee Alina Habba is unlawfully serving as US attorney https://t.co/6YwBe9Xqrp
— Fox News (@FoxNews) August 21, 2025
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