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Judge Rules Alina Habba Illegally Serving as New Jersey’s Top Federal Prosecutor

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the staff of the Ridgewood blog

Newark, NJ — A federal judge has ruled that Alina Habba, former personal attorney to Donald Trump, has been unlawfully serving as New Jersey’s top federal prosecutor, throwing the state’s U.S. Attorney’s Office into turmoil.

In a 77-page decision issued Thursday, U.S. District Judge Matthew Brann concluded that Habba has lacked legal authority to serve as U.S. attorney for the District of New Jersey since July 24, 2025, after her interim appointment expired.

Judge Rejects Trump Administration’s Workaround

Brann found that the Trump administration attempted to keep Habba in the role through a “novel series of legal and personnel moves” after New Jersey’s federal judges declined to extend her interim term. Instead, the judges used a rarely invoked authority to appoint Desiree Leigh Grace, Habba’s first assistant, as acting U.S. attorney.

But Attorney General Pam Bondi quickly intervened, firing Grace and reinstating Habba through a procedural workaround that Brann said does not hold up under federal law.

“I conclude that Ms. Habba was ineligible to assume the functions and duties of the office of the United States Attorney for the District of New Jersey on July 24, 2025,” Brann wrote.

Case Sparked by Federal Defendants

The ruling came after two defendants in a federal drug trafficking case challenged Habba’s authority to prosecute them. Their attorney argued that her interim appointment expired, leaving her without proper legal standing. Brann agreed, though he placed his ruling on hold pending appeal.

Political Firestorm in New Jersey

Habba has made waves during her brief tenure as U.S. attorney, namely as two Democratic public officials faced criminal charges over an incident at a U.S. Immigration and Customs Enforcement facility under her leadership.

Fighting New Jersey’s culture of corruption had its critics  and She faced staunch opposition to her nomination from New Jersey Sens. Cory Booker and Andy Kim, both Democrats, making her confirmation unlikely.

Grace, who briefly assumed the office before being removed, emphasized in a LinkedIn post that she had served under both Republican and Democratic administrations without political influence.

What Happens Next?

With Brann’s ruling, the leadership of New Jersey’s U.S. Attorney’s Office remains uncertain. The decision could jeopardize ongoing federal prosecutions until the appeals process clarifies who holds lawful authority over the office.

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5 thoughts on “Judge Rules Alina Habba Illegally Serving as New Jersey’s Top Federal Prosecutor

  1. well you heard the man, no more dei babies

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  2. This is causing chaos in the NJ federal courts. Career prosecutors can’t prosecute while the officers leadership is being argued. The administration needs to follow the law on this quickly and go through the constitutional confirmation process so justice can get back on track.

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    1. Ah yes spoken words from another Ridgewood limousine liberal.
      Just because a corrupt US district judge (Obama appointee) says so doesn’t mean dick until the appeal process is completed. Another feeble attempt by democrats at foiling the tremendous progress this country has made since the election. You lost we won. Big. Get over it.

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  3. This has nothing to do with politics. This has to do with the importance of separation of powers. No administration, R or D, should be able to skirt that. And while this administration continues to try and press its luck, no local federal prosecutions can proceed.

    By all accounts, the career prosecutor they fired was extremely able and respected, but they chose this chaos instead.

  4. Lawyers billing hours…

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