Judge rules Habba not lawfully serving as NJ U.S. attorney

A federal judge ruled on Aug. 21, 2025, that Alina Habba, a former personal lawyer to President Donald Trump, was not lawfully serving as the acting United States attorney for the District of New Jersey and must be disqualified from participating in any ongoing criminal prosecutions. U.S. District Judge Matthew Brann issued a 77 page opinion concluding Habba had exercised the functions and duties of the office without lawful authority since July 1 and said her actions since that date may be declared void. The Justice Department has appealed the decision to the 3rd U.S. Circuit Court of Appeals and the judge paused parts of his order pending that appeal.

Brann’s ruling resolved a months long dispute over whether Habba could continue after the 120 day interim appointment period for U.S. attorneys expired. Habba was sworn in as acting U.S. attorney in late March after serving as the president’s personal lawyer. When her statutory interim term ended on July 1, a panel of New Jersey federal judges selected Desiree Leigh Grace, the office’s first assistant, to serve until a permanent nominee was confirmed. Attorney General Pam Bondi then removed Grace and directed that Habba remain...