New Jersey Judge Voids Alina Habba’s Appointment, Declaring Her Actions Without Legal Backing

Alina Habba, a personal attorney to President Donald Trump, has been New Jersey’s U.S. Attorney without authority since July 1, according to a federal judge. The verdict invalidates all prosecutorial actions she has taken since then and disqualifies her from ongoing cases.

Alina Habba was named interim U.S. Attorney for New Jersey in March for 120 days. If the Senate fails to confirm a nominee within that timeframe, district judges can appoint a replacement. The deadline passed without her confirmation, prompting legal action. The court confirmed the objections, ruling that her appointment expired and her continued employment was illegal.

After voting, New Jersey federal district court justices replaced Habba with her first assistant, Desiree Leigh Grace. However, the Justice Department promptly removed Grace, claiming Habba’s tenure had not expired and calling the courts’ decision politically motivated.

The judge, Matthew Brann, stated that Habba’s appointment exceeded the 120-day limit. He ruled that her acts since July 1 are void and that she cannot serve as U.S. Attorney. It stayed in effect pending appeal.

The White House and Attorney General Pam Bondi agree with Habba’s stint in New Jersey and will seek confirmation. New Jersey Democrats Cory Booker and Andy Kim opposed her appointment, citing her lack of prosecutorial experience and claims that she politicized the office.

Federal judges, the Justice Department, and presidential authority clash in the ruling. Senate confirmation delays create problems about how to fill vacancies and how executive power interacts with judicial scrutiny. The administration’s response and any fresh appointments or compromises are unknown.

Sources
New Jersey Globe – David Wildstein, September 9, 2025
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