A federal judge in New Jersey has determined that Alina Habba is unlawfully serving as the U.S. Attorney for the District of New Jersey. This ruling, issued on Thursday, challenges the Trump administration's efforts to maintain its appointees in key prosecutorial roles across the country.

Chief U.S. District Judge Matthew Brann stated in a 77-page order that Habba has been performing the duties of the U.S. Attorney without legal authority since July 1, 2025. The ruling came after a legal challenge from three criminal defendants charged in New Jersey, who argued that Habba's appointment was invalid.

"Faced with the question of whether Ms. Habba is lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey, I conclude that she is not," Brann wrote. He added that while he would not dismiss the defendants' cases outright, Habba is disqualified from participating in any ongoing cases.

Brann criticized the executive branch for its handling of Habba's appointment, noting that it had engaged in a series of unusual legal maneuvers to keep her in office. He remarked, "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."

Habba, who previously served as a personal attorney to former President Trump, was appointed as New Jersey's interim U.S. attorney in March. However, her interim term expired without Senate confirmation, leading to a complex series of events. A panel of federal judges appointed Assistant U.S. Attorney Desiree Leigh Grace to the permanent position last month, but the Justice Department subsequently dismissed Grace and allowed Habba to continue in an acting capacity.

The Justice Department is expected to appeal Brann's ruling, which could have implications for other districts where similar appointments have occurred. Brann has stayed the impact of his order while the appeal is pending.

Habba's tenure has been marked by controversy, including her comments about the political landscape in New Jersey and her prosecution of local officials. As her interim appointment neared its end, opposition from New Jersey Senators Cory Booker and Andy Kim effectively blocked her confirmation, leading to the withdrawal of her nomination by the White House.