The basics:

• Judge Matthew Brann ruled Alina Habba unlawfully served as acting U.S. attorney in NJ
• Actions taken since July 1 may be invalidated
• Case expected to reach the U.S. Supreme Court on appeal
• Ruling adds uncertainty to 1,500 active federal cases

A federal judge has ruled that President Donald Trump’s longtime personal attorney-turned-presidential counselor Alina Habba is not legally authorized to serve as acting U.S. attorney for New Jersey.

In an Aug. 21 ruling regarding two challenges, Judge Matthew Brann of the Middle District of Pennsylvania concluded that any actions taken by Habba since the beginning of July may be invalidated.

“After reviewing several issues of first impression, the Court concludes that Ms. Habba has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025. Her actions since that point may be declared void … And because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases,” he wrote in a 77-page opinion.

Brann also said he’s putting his order on hold pending an appeal. The case is ultimately expected to land at the U.S. Supreme Court.

The U.S. Attorney’s Office for the District of New Jersey and Justice Deparment did not immediately respond to a request for comment.

Working around

Given the uncertainty over Habba’s role, some of the 1,500 active federal cases in New Jersey have been postponed or canceled over the past few weeks.

After Trump announced her appointment as interim U.S. attorney in March, Habba had 120 days to serve in that capacity. He then formally nominated Habba for the role July 1.

However, New Jersey’s two U.S. senators, Andy Kim and Cory Booker, both Democrats, have publicly refused to endorse her, making a Senate confirmation for a full four-year term unlikely.

Since the Senate did not sign off on Habba within the 120-day window that federal law requires for presidential appointments, a panel of federal judges from New Jersey intervened.

Instead of reappointing Habba last month, the district court judges named then-First Assistant U.S. Attorney Desiree Grace as acting U.S. attorney.

Grace’s appointment was effective either immediately or on the expiration of Habba’s 120 days in office. As first assistant, veteran prosecutor Grace would have automatically assumed the role in the event of a vacancy.

However, that move was effectively reversed July 22,when U.S. Attorney General Pam Bondi abruptly fired Grace. Two days later, Trump withdrew his nomination of Habba as U.S. attorney. She also resigned her position as interim U.S. attorney. Then, the president appointed Habba first assistant U.S. attorney, paving the way for her to automatically take on the acting role.

Since, two criminal defendants have sought dismissal of their indictments because they believe the maneuver bypassed constitutional checks. One of complainants, Julien Giraud Jr., faces drug and gun charges. Cesar Pina, meanwhile, is charged with running a Ponzi-like real estate scam.

Agree to disagree

During a nearly four-hour hearing Aug. 15 in Williamsport, Pa., on the matter, the two argued that Habba’s nomination by Trump made her ineligible to serve in the acting role under the Federal Vacancies Reform Act. Meanwhile, DOJ lawyers said the administration used “well-established” mechanisms to give Habba temporary power over key executive functions in the office.

Braun declined to grant the defendants’ request to dismiss their cases outright, because of Habba’s apparent unlawful service in the office. He also said she is disqualified from participating in either moving forward, as well as “any ongoing” cases in the office.

“The Executive branch has perpetuated Alina Habba’s appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves,” Braun wrote. “Along the way, it has disagreed with the Judges of the United States District Court for the District of New Jersey and criminal defendants in that District about who should or may lead the office.”

Before joining the Trump administration, Habba represented the president in multiple legal battles over the years. A graduate of Widener University School of Law, she previously served as managing partner at Bedminster-based Habba Madaio & Associates LLP.

Investigating Democrats

Amid concerns that Habba is politicizing a traditionally nonpartisan office, a wave of resignations has hit the U.S. Attorney for the District of New Jersey Office in recent months, The New York Times recently reported.

Her controversial tenure as interim U.S. attorney has also included investigations against prominent Democrats in New Jersey.

Habba took on Newark Mayor Ras Baraka and U.S. Rep. LaMonica McIver, D-10th District, over their May visit to a privately run federal immigration detention center. Under Habba, the local U.S. Attorney Office charged Baraka with allegedly trespassing at the facility. The office later dropped those charges, but the mayor sued federal officials for “false arrest and malicious prosecution.”

Additionally, Habba brought charges against McIver for allegedly “assaulting, impeding and interfering with law enforcement.” McIver recently pleaded not guilty.

There’s also been probes announced into Gov. Phil Murphy and state Attorney General Matthew Platkin regarding a state directive that bars local law enforcement from cooperating with federal agents conducting immigration enforcement.

Reuters noted that the Trump administration’s efforts to retain loyalists as acting U.S. attorneys – despite Senate opposition – has stirred up controversy in other districts, such as New York, California and Nevada.

As a result, the DOJ has employed a variety of different legal maneuvers to keep the president’s picks in place. Critics have said the scuffles between the executive and judicial branches could have potential implications for separation of powers and prosecutorial legitimacy.