A federal judge has ruled that Alina Habba, who was a former attorney for President Donald Trump, was not authorised to serve as acting United States Attorney for New Jersey, Just the News reported. Habba's term expired last month, and the Senate has yet to confirm her, but she remained in place through a series of moves which the judge said may have been improperly applied.
Interim appointments are limited to 120 days, but the Trump administration attempted to keep Habba in place through a series of moves that included firing the person in place to take over her position. U.S. District Judge Matthew Brann said in his 77-page decision Thursday that these tactics were "not lawful," but suspended his ruling pending appeal.
“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 said. The case was brought by two New Jersey drug-trafficking suspects whose prosecution began before Habba took over, which is why Brann denied a request to dismiss the case based solely on the validity of Habba's appointment.
Following the judge's decision, Habba called out the "rogue judges" who have thwarted the Trump agenda and her appointment, the New York Post reported. "I am the pick of the president. I am the pick of Pam Bondi, our attorney general, and I will serve this country like I have for the last several years, in any capacity," Habba told Fox News's Sean Hannity on Thursday.
Trump managed to keep Habba in her position without confirmation by using an unorthodox approach. Once the interim term is up and the seat is vacant, the first assistant is supposed to take the place of the U.S. attorney, who, in this case, was First Assistant US Attorney in New Jersey, Desiree Leigh Grace.
However, Bondi fired Grace, and Trump withdrew Habba from consideration and made her the first assistant as a roundabout way of allowing Habba to ease into the position of acting U.S. Attorney of New Jersey once again. Last month, a panel of federal judges who were mostly appointed by Presidents Barack Obama and Joe Biden could have allowed Habba's appointment but declined.
Brann was appointed by Obama, and this fact plays into Habba's assertion that this is another case of judges becoming "activists" against the administration. "It’s disturbing, what we’re seeing," Habba told host Sean Hannity.
"And Pam Bondi called it like it is. The attorney general said it today. We will not fall to rogue judges," Habba pledged.
"We will not fall to people trying to be political when they should just be doing their job: respecting the president. And you can’t get rid of the president," Habba added. The Trump administration has faced opposition from judges on many issues, but Habba is clearly up to the challenge, considering her experience as Trump's attorney.
Before rising to the district attorney's office, Habba was one of the attorneys who defended Trump in his New York civil fraud case. Although he initially lost and was forced to pay a $500 million verdict in that case, the judgment was tossed out in an appeal on Friday, Fox News reported.
Habba celebrated the verdict in a post to X, formerly Twitter, on Friday. "Surreal moment watching this win from my office today in Newark, NJ," Habba wrote.
"I will always fight for the truth and justice to be served. It has taken years to get here and the fight continues to Save America. GOD BLESS PRESIDENT TRUMP AND THE USA."
Surreal moment watching this win from my office today in Newark, NJ. I will always fight for the truth and justice to be served. It has taken years to get here and the fight continues to Save America. GOD BLESS PRESIDENT TRUMP AND THE USA. 🇺🇸 pic.twitter.com/Pm28J6LdFu
— Alina Habba (@AlinaHabba) August 22, 2025
Trump has fought against his opponents in politics and in courtrooms, and it seems they are not giving up when it comes to issues like Habba's appointment. However, Trump is winning these fights in the end, and surely the issue over Habba's rightful appointment is not something the president will abandon, especially since she has been loyal to him through it all.
