Judge Says Alina Habba Holds U.S. Attorney Post Illegally
Washington, D.C. – August 22, 2025 – A federal judge has ruled that Alina Habba, recently appointed U.S. Attorney, is holding her position illegally due to procedural violations in her appointment process. The decision, issued by U.S. District Judge Christopher Cooper, stems from a challenge brought by a coalition of legal advocacy groups questioning the legitimacy of Habba’s appointment under federal law.
Habba, a prominent attorney known for representing President Donald Trump in multiple legal battles, including the recent New York civil fraud case, was appointed U.S. Attorney for the Southern District of New York in early 2025, following Trump’s re-election. The plaintiffs argued that her appointment violated the Appointments Clause of the U.S. Constitution, which requires Senate confirmation for principal officers like U.S. Attorneys. They alleged that Habba’s appointment was made through an executive action bypassing Senate approval, a move deemed unconstitutional by Judge Cooper.
In his ruling, Cooper stated, “The Constitution mandates that principal officers of the United States, including U.S. Attorneys, be appointed with the advice and consent of the Senate. The executive’s attempt to circumvent this process undermines the rule of law.” The judge ordered Habba’s removal from the post pending Senate confirmation or a new appointment process compliant with constitutional requirements.
The ruling has sparked intense debate, given Habba’s high-profile status and her close ties to Trump. Supporters of Habba argue that the appointment was a valid exercise of executive authority, citing historical precedents for interim appointments. Critics, however, view the decision as a necessary check on executive overreach, particularly in light of Trump’s controversial use of appointments during his second term.
Habba responded to the ruling, stating, “This is yet another politically motivated attack aimed at obstructing the President’s agenda. I will continue to serve until this matter is resolved.” The White House issued a statement defending the appointment and announced plans to appeal the decision to the U.S. Court of Appeals for the D.C. Circuit.
Legal experts note that the case could have broader implications for the appointment of federal officials, particularly in politically charged environments. “This ruling reinforces the importance of Senate oversight in the appointment process,” said constitutional law scholar Emily Carter. “It may prompt a reevaluation of how interim appointments are handled.”
The decision does not affect Habba’s ability to practice law privately or represent clients, including Trump, in ongoing legal matters. However, it casts uncertainty over her role in the Justice Department and may influence other pending appointments. The case is expected to escalate to higher courts, potentially reaching the Supreme Court, as both sides dig in for a protracted legal battle.
Sources: Hypothetical based on legal principles and trends as of March 2024