August 21, 2025

In a ruling that reads like a script from a legal drama, Alina Habba, self-styled U.S. Attorney for the District of New Jersey, has been officially disqualified from her role in a criminal prosecution. The decision, made by Judge Matthew Brann of the Middle District of Pennsylvania, underscores what many have suspected: Habba never legally held the position.
The complexity of the case was unfolded in a detailed 77-page opinion by Judge Brann, who took the assignment due to a conflict of interest among New Jersey judges. Brann detailed how Habba, initially a favorite lawyer under the Trump administration, occupied the office without any legal authority from July 1 onwards, following the lapse of her interim appointment.
The legal tangle began when Habba's formal nomination stalled in the Senate, and her interim tenure expired. In an attempt to maintain her position, a series of convoluted staffing maneuvers were employed by the Trump administration. These included the firing and re-firing of Desiree Grace, Habba’s assistant, whom the district judges had appointed as her legal successor.
Brann’s ruling highlighted the administration's misinterpretation of the Federal Vacancies Reform Act. The act clearly prevented Habba from serving as Acting U.S. Attorney once her nomination was pulled—a strategic move intended to circumvent legal barriers that ironically sealed her fate by creating a vacancy that Grace was meant to fill. Judge Brann meticulously dissected these maneuvers, stating they made "no sense" and were in direct violation of statutory laws.
In an exhaustive examination of the statutes involved, Brann pointed out the administration’s flawed logic that attempted to reinstate Habba through backdoor channels. He rejected the government's argument that Habba could simply be appointed as her own assistant to bypass the statutory limitations, noting that such a reading of the law would render significant sections of the statute meaningless.
Despite the legal missteps, the ruling did not completely dismiss the criminal charges involved in the case. Brann noted that Habba’s role in the indictment, while illegal, was a "harmless technical deficiency" as long as another legitimate government lawyer could authenticate the charges.
As a result of this judicial rebuke, Habba is barred from participating further in the case, and any prosecutions under her direction are similarly compromised. The saga underscores ongoing concerns about the misuse of appointment powers and the potential for administrative chaos it engenders.
This case not only highlights the intricate dance of legal appointments and federal statutes but also serves as a cautionary tale about the limits of executive power in judicial appointments. The decision reaffirms the necessity of adhering to clear statutory guidelines and the importance of judicial oversight in maintaining the integrity of public offices.