Trump pick Alina Habba unlawfully serving as US Attorney in New Jersey: judge

A recent ruling by U.S. District Judge Matthew Brann has brought to light the unlawful tenure of Alina Habba as the top federal prosecutor in New Jersey. In a decision made on Thursday, Judge Brann concluded that Alina Habba has been unlawfully holding the position of United States Attorney since July 24, 2025, as she is not statutorily eligible to perform the duties of the office.

The ruling has sparked a wave of controversy and uncertainty surrounding Habba’s role in the federal justice system. The decision to deem her tenure as unlawful stems from a filing on behalf of two defendants in New Jersey who were facing federal drug-trafficking charges. Their attorney argued that the charges should be blocked as Habba lacked the authority to prosecute the case once her 120-day term as interim U.S. attorney expired in July.

Despite the ruling, Judge Brann has decided to put his order on hold pending an appeal, allowing for further legal proceedings to unfold. The implications of this decision are significant, as it raises questions about the validity of cases prosecuted by Habba during her time in office.

The image of Acting U.S. Attorney Alina Habba at a press conference announcing a major drug bust on July 1, 2025, serves as a stark reminder of the legal challenges she now faces. The uncertainty surrounding her tenure has cast a shadow over her previous actions and decisions as a federal prosecutor.

As the legal battle continues to unfold, the future of Alina Habba’s role as a federal prosecutor remains uncertain. The implications of Judge Brann’s ruling extend beyond her individual case, raising broader questions about the integrity and legitimacy of the federal justice system. Only time will tell how this legal saga will unfold and what implications it may have for the future of federal prosecution in New Jersey.