Alina Habba, appointed by President Donald Trump as the acting U.S. Attorney for the District of New Jersey in March 2025, was disqualified from participating in ongoing criminal cases by U.S. District Judge Matthew Brann on August 22, 2025. The ruling stemmed from challenges to the legality of her appointment, which was extended through what Brann described as a “novel series of legal and personnel moves” by the Trump administration after her 120-day interim term expired in July 2025.
Key Points of the Disqualification:
- Unlawful Appointment: Judge Brann, based in the Middle District of Pennsylvania, ruled that Habba was not legally authorized to serve as acting U.S. Attorney after July 1, 2025, as her appointment violated federal law requiring Senate confirmation for extended terms. The Trump administration’s attempt to keep her in the role by withdrawing her Senate nomination and reappointing her as a “special attorney” was deemed unconstitutional.
- Impact on Criminal Cases: Brann’s 77-page ruling disqualified Habba from participating in ongoing cases, including those of defendants Julien Giraud Jr. and Cesar Humberto Pina, who challenged her authority. While Brann did not dismiss Pina’s indictment outright (as it was approved before her unlawful tenure), he barred her from further involvement in these and other cases. This created significant uncertainty, halting plea hearings, sentencings, and grand jury proceedings in New Jersey’s federal court system.
- Judicial and Administrative Conflict: The controversy began when New Jersey’s federal judges declined to extend Habba’s interim term, instead appointing Desiree Leigh Grace, a career prosecutor, as her replacement on July 22, 2025. The Trump administration, led by Attorney General Pam Bondi, fired Grace and reinstated Habba, prompting legal challenges from defense attorneys who argued this maneuver encroached on judicial authority.
- Broader Implications: Legal experts, such as Stephen I. Vladeck from Georgetown University, noted that the ruling could limit the Trump administration’s ability to bypass Senate confirmation for other U.S. Attorney appointments nationwide. The Justice Department announced plans to appeal, with Bondi defending Habba’s “incredible work” and criticizing the ruling as an “activist judicial attack.”
- Habba’s Background and Controversies: Habba, a former personal attorney for Trump with no prior prosecutorial experience, faced criticism for politically motivated actions during her tenure. She pursued charges against Democratic figures, including Newark Mayor Ras Baraka (later dropped) and Representative LaMonica McIver, and launched investigations into New Jersey’s Democratic governor and attorney general. These moves fueled perceptions of partisanship in a traditionally nonpartisan role.
Current Status:
Brann stayed his ruling to allow the Trump administration time to appeal, leaving Habba’s role in limbo and causing ongoing disruptions in New Jersey’s federal court system. The decision has raised questions about the validity of actions taken under Habba’s authority since July 2025, with potential challenges to other Trump-appointed U.S. Attorneys looming.
Note: The ruling does not void all actions taken by Habba’s office, as some cases were initiated under prior Senate-confirmed U.S. Attorneys or validly empaneled grand juries. However, her direct participation in ongoing cases is barred pending the appeal’s outcome.