August 22, 2025


Federal Court Rules Alina Habba Lacks Legal Authority as U.S. Attorney for New Jersey

In a pivotal decision issued on Thursday by the District Court of New Jersey, Alina Habba's tenure as the interim United States Attorney for the District of New Jersey was declared invalid post-July 1. The ruling, articulated by Chief Judge Brann, highlighted that the U.S. Senate had not confirmed Habba's appointment, and her temporary 120-day term had expired.

Chief Judge Brann's decision addressed an attempted extension by Trump administration officials who believed Habba's term did not conclude until July 25, 2025. They had implemented a series of steps intended to maintain her in office beyond the expiration of her appointment. However, Judge Brann identified these maneuvers as violations of specific U.S. Codes—5 U.S.C. § 3345 and 28 U.S.C. § 546—designed to regulate temporary appointments and the succession in U.S. Attorney positions.

The controversy surrounding the position did not end with Habba's ousting. On July 22, shortly after the court's decision, Desiree Grace, who served as Habba's First Assistant, was appointed as the new United States Attorney. This appointment was short-lived as Attorney General Pam Bondi dismissed Grace within hours, a move that further complicated the leadership within the U.S. Attorney’s office for New Jersey.

In response to the ruling, Attorney General Bondi expressed her disagreement and confirmed the administration's intention to appeal. On social media, she praised Habba’s contributions, stating, "doing incredible work in New Jersey — and we will protect her position from activist judicial attacks."

As the legal battles unfold, Chief Judge Brann has placed a stay on his order pending the outcome of the administration's anticipated appeal. This decision underscores ongoing tensions and the complex interplay of law and politics at the federal level, especially concerning the appointment and authority of key legal positions. The case continues to develop as both sides prepare for more legal proceedings, reflecting deeper issues of governance and judicial oversight.

For further details and updates, the original article can be found on JURIST - News.