Judge says former Trump lawyer Alina Habba has been unlawfully serving as US attorney in New Jersey

Updated 6:16 PM CDT, August 21, 2025

A federal judge ruled Thursday that President Donald Trump’s former lawyer, Alina Habba, has been unlawfully serving as the the top federal prosecutor in New Jersey since last month.

U.S. District Judge Matthew Brann held that Habba’s term as the interim U.S. attorney ended in July, and the Trump administration’s “novel series of legal and personnel moves” to keep her in the role without getting confirmation from the U.S. Senate didn’t follow procedures required by federal law.

“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,” wrote Chief U.S. District Judge Matthew Brann wrote.

The judge said Habba’s actions since July “may be declared void,” though he put his order on hold so the Justice Department could appeal.

https://apnews.com/article/trump-new-jersey-prosecutor-alina-habba-8197ab12f4423dc85d5f3d7f4b454e3f