Judge appointed by Obama rules Alina Habba's appointment was 'unlawful'

 August 24, 2025

Former personal attorney to President Donald Trump, Alina Habba, has been in a career whirlwind this year with her contested appointment to the position of U.S. Attorney in New Jersey.

According to The Daily Caller, a federal judge, of course, appointed by Barack Obama, ruled this week that Habba's reinstatement — through a series of unusual maneuvers — is "unlawful" as of July 1. 

She was initially appointed to the position in the interim and was set to serve 120 days in the high-powered position. However, she was later replaced by her deputy, who was then fired so that Habba could replace her.

According to the judge that ruled this week against her appointment, her actions since July 1 "may be declared void."

What's going on?

The Daily Caller recapped Habba's unusual rise to the position.

It noted:

When Habba’s 120-day appointment as New Jersey’s interim U.S. attorney expired in July, a panel of federal judges selected her deputy, Desiree Leigh Grace, to take the position.

The Daily Caller added:

Using an unusual maneuver, the Trump administration sought to keep Habba in charge of the office. Attorney General Pam Bondi removed Grace, appointing Habba to the position of First Assistant United States Attorney and automatically making her the acting U.S. Attorney.

Middle District of Pennsylvania Chief Judge Matthew W. Brann ruled last week that she can not prosecute two defendants who challenged her appointment.

"After reviewing several issues of first impression, the Court concludes that Ms. Habba has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025," the Obama-appointed judge decided.

The judge added that he would put his decision on hold until the appeals process plays out.

Blocked appointments

Sen. Chuck Grassley (R-IA) was targeted over the weekend for being one of the Senate Republicans who helped Democrats block her appointment.

"End of story is she needs to be confirmed. Enough of this playing with mittens on," one X user wrote.

Another X user wrote, "This is getting ridiculous. She is perfect for the job!"

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