Judge finds Habba unlawfully served as acting U.S. attorney in NJ

A federal judge concluded on Thursday that Alina Habba has unlawfully served as the acting U.S. attorney for the District of New Jersey since the middle of July, saying her interim term expired and that subsequent moves to keep her in office did not follow federal law. The ruling, issued in a detailed 77-page order, puts at issue all prosecutions and filings Habba handled after her term ended and is being held in abeyance pending appeal. The decision intensifies a dispute over whether the executive branch can sidestep Senate confirmation and raises broader questions about the legitimacy of several prosecutions in New Jersey.

The case began after Habba, a longtime defense attorney who represented former President Donald Trump, was installed as interim U.S. attorney in March. Under federal vacancy laws, an interim appointment can last no more than 120 days, or until the Senate confirms a nominee, whichever comes first. With Habba’s term approaching its end and no confirmation in sight, federal judges in New Jersey briefly appointed a career prosecutor to take over. The Trump administration then replaced that appointee and reinstalled Habba as acting U.S. attorney, arguing the...