Federal Judge Rules Interim U.S. Attorney Appointment of Alina Habba Unlawful
A federal judge ruled Alina Habba's interim U.S. Attorney appointment in New Jersey unlawful, invalidating her authority since July due to procedural failures. The Justice Department plans to appeal.
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Overview
- U.S. District Judge Matthew Brann ruled that Alina Habba, a former Trump lawyer, unlawfully served as the interim U.S. Attorney for New Jersey, invalidating her authority in the role.
- Habba's 120-day interim appointment expired in July, and the Trump administration failed to follow federal procedures for extending her tenure or securing Senate approval.
- Consequently, Habba is disqualified from prosecuting defendants who challenged her authority, potentially voiding actions taken under her leadership since July.
- This ruling raises significant questions about the validity of charges brought under her leadership and could impact other Trump-appointed attorneys lacking Senate confirmation.
- The Justice Department intends to appeal the judge's decision, and the order's consequences are currently on hold pending the outcome of that appeal.
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Analysis
Center-leaning sources cover the story neutrally, focusing on the legal facts of the judge's ruling that Alina Habba's appointment was unlawful. They detail the sequence of events, the administration's attempts to keep her in the role, and the judge's reasoning without employing loaded language or taking an editorial stance. The reporting prioritizes factual accuracy and legal context.
"Federal Judge Matthew W. Brann's Aug. 21 ruling that Habba's interim appointment ended on July 1 escalates the administration's battle with the judiciary."
USA TODAY"Brann concluded Thursday that Habba's acting appointment was unlawful under the Federal Vacancies Reform Act."
CBS News"Brann found the moves were improper, and a way to sidestep the Senate's role in the process."
NBC News"The court, saying the administration used “a novel series of legal and personnel moves,” held that Habba’s term as the interim U.S. attorney ended in July, and the Trump administration’s maneuvers to keep her in the role without getting confirmation from the U.S. Senate didn’t follow procedures required by federal law."
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FAQ
Alina Habba is an Iraqi-American lawyer who has served as the interim U.S. Attorney for the District of New Jersey since March 2025, a role disputed and declared unlawful since July 2025. She is also known as a legal spokesperson and counselor to former President Donald Trump and manages the law firm Habba, Madaio & Associates.
Her 120-day interim appointment expired in July 2025, and the Trump administration failed to follow the required federal procedures to extend her tenure or to obtain Senate approval, leading a federal judge to rule her appointment unlawful and void her authority since July.
The ruling disqualifies Habba from prosecuting defendants who challenged her authority and may void actions taken under her leadership since July. It raises questions about the validity of charges brought by other Trump-appointed attorneys without Senate confirmation.
The Justice Department plans to appeal the judge's decision, and the consequences of the ruling are currently on hold pending the outcome of that appeal.
Alina Habba has been a legal spokesperson for Donald Trump since 2021, serves as his counselor to the president since December 2024, and her law firm has received significant payments from Trump's political action committees.
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