Alina Habba, the acting US Attorney for New Jersey and a former personal lawyer to Donald Trump, has recently been disqualified from serving in her current position. An appointment to her post by a federal judge was deemed to be unlawful, casting into doubt not only her authority in the role but also her political closeness to the former president.
Judge Matthew Brann of the Middle District of Pennsylvania, who issued the ruling on Thursday, disqualified Habba from taking part in live criminal prosecutions. “On the question of whether Ms. Habba is legally performing the duties and functions of the office of the United States Attorney for the District of New Jersey, I find that she is not,” Brann wrote in his opinion.
The decision, which came against the backdrop of a legal challenge brought by criminal defendants in New Jersey, ended more than seven decades of court silence. They said that Habba’s authority ended when her 120-day interim appointment lapsed in July. The court found that it did, citing the fact that her ongoing courtship had hinged on a series of personnel moves—many of them atypical—and not a Senate vote.
Habba’s initial appointment in March was controversial from the beginning. She joined shortly after representing Trump as his private lawyer in his legal battles. That connection came into focus again when she used her new office to announce investigations of the top Democrats in New Jersey, including Gov. Phil Murphy, Attorney General Matthew Platkin, and Ras Baraka, the mayor of Newark. Her frequent comments on Fox News prompted criticism that her position was more about politics than legal autonomy.
Normally, a new acting US Attorney would be appointed by federal judges when one’s term expires. In this case, New Jersey’s federal judges agreed on a nominee, but the decision was blocked by US Attorney General Pam Bondi, a Trump ally. Bondi’s lawyers deleted the judges’ selection and inserted Habba’s name instead.
Brann’s order challenges that strategy directly. The complaint stressed that Habba can’t legally continue in her powerful role without being confirmed by the Senate. To pursue that, she would need the consent of the Senate, a move the White House has not taken.
But the Justice Department stood by Habba. The prosecution said the president had broad authority to make temporary appointments and indicated that it was clear that that’s what Trump wanted when he chose for Habba to stick around. “The President has expressed that he will not consider any candidate other than Ms. Habba to fill the current vacancy,” stated a recent court filing.
The decision is likely to be appealed, which means OpeningDay could still have Habba on hand as it fights the decision in court. But the ruling is a significant blow to her and highlights the controversy that has dogged Trump’s steadfast attorney as she tries to navigate the territory between political fealty and the authority of the federal government over the state.
