Alina Habba ‘unlawfully’ working as US attorney in New Jersey, judge rules

Politico ^ | 08/21/2025 | Ry Rivard and Matt Friedman

[DFG]

A federal judge rejected President Donald Trump’s use of a loophole to keep Alina Habba in place as New Jersey’s top federal prosecutor.

In a 77-page ruling, U.S. District Judge Matthew Brann said Thursday that Habba “is not lawfully holding the office of United States Attorney” and has been in the position without legal authority since July 1.

As a result, Habba, who had previously worked as Trump’s personal attorney, cannot participate in prosecutions by the office “as the ‘acting U.S. Attorney’” and seemingly cannot run the office the president maneuvered to keep her in charge of after her interim 120-day appointment expired. The Trump administration employed a series of maneuvers to attempt to retain Habba’s control of the office after district judges ousted her at the end of her term.

“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,” he wrote.

Brann, who sits in Pennsylvania’s Middle District, was hearing challenges to Habba’s authority by defense attorneys trying to get charges against their clients thrown out by arguing the Trump administration illegally kept her on despite the expiration of a 120-day interim tenure. Those challenges came amid days of confusion over who is leading the office because of complex and contested rules over filling vacancies.

The judge declined to throw out the charges against the defendants, but said anyone who prosecutes them “under the supervision or authority of Ms. Habba” would be subject to disqualification.

---

TOPICS: Politics
KEYWORDS: alinahabba; arrestmathewbrann; interference; judgewatch; mathewbrann; newjersey; noauthority; nostanding; notlawfuljudge; obamastooge; removemathewbrann; removethistraitor; sedition; stoogewatch; subversion

[Starboard]

“It’s curious a judge from the Middle District of PA was chosen for this assignment rather than a judge from across the river in Philly.”

************

Curious and highly suspicious. Looks like just another form of judge shopping, which the Democrats are so well known for.

[Fledermaus]

Shove it judge.

When are they going to learn? They can’t beat Trump. Insane to keep trying.

Buzz a B2 over his house...very low.

[Fledermaus]

Screw them. Not in the Constitution. Just Senate BS. Why be cordial with the left any longer.

I hate RINOS.

[Dr. Franklin]

Curious and highly suspicious. Looks like just another form of judge shopping, which the Democrats are so well known for.

The only possible explanation that isn't a conspiracy is that Brann, who is the only judge sitting in Williamsport, was assigned the case because he has a very light docket of cases. If there is a need for any kind of evidentiary hearing, he is far away from NJ. There were many more judges in Philly who are so much closer to NJ.

[mass55th]

Thanks for that info. No wonder Obama appointed him.

[italianquaker]

Ignore this idiot

[Sequoyah101]

77 pages?

[monkeyshine]

Can’t they appoint a placeholder USA and hire her as an AUSA?

[xone]

Not the court’s call, will be overturned. District Courts are showing themselves to be less than worthless, no matter who nominated them.

[Williams]

Thank you.

[Dr. Franklin]

Ignore this idiot

I'd call him a clown, not an idiot. I know the guy.

[minnesota_bound]

Alina with friends...
https://tinyurl.com/5yduh6bn

[Albion Wilde]

Wonder how much Soros, Inc. paid for that opinion?