US District Judge Mathew Brann, an Obama appointee on Thursday said Alina Habba is “not lawfully holding the Office of US Attorney” of New Jersey.
Habba resigned as Interim US Attorney and became Acting US Attorney for New Jersey after the Trump DOJ outmaneuvered the judges.
Donald J. Trump is the 47th President.
Pam Bondi is the Attorney General.
And I am now the Acting United States Attorney for the District of New Jersey.
I don’t cower to pressure. I don’t answer to politics.
This is a fight for justice. And I’m all in.
— US Attorney Habba (@USAttyHabba) July 24, 2025
The Pennsylvania-based federal judge oversaw a challenge to Alina Habba’s authority because the judges in New Jersey had a conflict of interest after they ousted her from her position as interim US Attorney last month.
Last month it was reported that US Attorney General Pam Bondi promptly removed Alina Habba’s replacement after a group of district court judges voted to oust Habba as interim US Attorney of New Jersey.
A group of federal judges last month declined to extend Alina Habba’s term as interim US Attorney of New Jersey after Democrat Minority Leader Hakeem Jeffries launched a pressure campaign to oust her.
Alina Habba’s term as interim US Attorney was set to expire after 120 days.
However, after a pressure campaign from Jeffries, district court judges voted to oust Alina Habba as interim US Attorney of New Jersey and replaced her with Desiree Leigh Grace.
In a 77-page ruling, Judge Brann said Habba is not lawfully serving as US Attorney.
“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,” the judge wrote.
Politico reported:
A federal judge rejected President Donald Trump’s use of a loophole to keep Alina Habba in place as New Jersey’s top federal prosecutor.
In a 77-page ruling, U.S. District Judge Matthew Brann said Thursday that Habba “is not lawfully holding the office of United States Attorney” and has been in the position without legal authority since July 1.
As a result, Habba, who had previously worked as Trump’s personal attorney, cannot participate in prosecutions by the office “as the ‘acting U.S. Attorney’” and seemingly cannot run the office the president maneuvered to keep her in charge of after her interim 120-day appointment expired. The Trump administration employed a series of maneuvers to attempt to retain Habba’s control of the office after district judges ousted her at the end of her term.
BREAKING…
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