Alina Habba, former attorney for Donald Trump, is once again at the center of legal controversy—this time over her role as U.S. Attorney for the District of New Jersey. On Thursday, Judge Matthew Brann ruled that Habba had been “unlawfully” acting in that capacity since July 1, stating she lacked legal authority under the Federal Vacancies Reform Act. The case was brought by defendants facing federal charges, who argued her appointment violated federal law. Brann agreed, declaring her actions in office invalid and disqualifying her from ongoing prosecutions.
The legal dispute began when a panel of New Jersey judges declined to extend Habba’s interim appointment and instead selected career prosecutor Desiree Leigh Grace. In response, President Trump and Attorney General Pam Bondi removed Grace and reappointed Habba under a separate vacancy statute, claiming it granted her an additional 210 days in the role. Judge Brann rejected this interpretation, calling it a clear manipulation of federal law meant to bypass limits on executive appointments.
While Brann’s ruling does not dismiss the charges against the defendants who brought the case, it does prohibit Habba from overseeing their prosecutions. He placed the ruling on hold temporarily to allow the Justice Department time to appeal. The situation highlights a broader conflict between the Trump administration and the judiciary over politically charged U.S. attorney appointments in states with Democratic leadership.
Judge Brann also criticized the administration’s approach, warning that its strategy undermines the legal framework designed by Congress to regulate such appointments. He emphasized that the government’s legal argument relied too heavily on vague interpretations, rather than clear statutory authority.
Despite the ruling against her in New Jersey, Habba celebrated a major legal victory in New York. A state appeals court overturned the \$464 million civil penalty against Donald Trump in Attorney General Letitia James’ fraud case, ruling it violated the Eighth Amendment. Habba hailed the decision as a “resounding victory” for Trump and his company.
