Obama judge finds Alina Habba’s reinstatement as prosecutor ‘unlawful’

A federal judge ruled Thursday that Alina Habba has been “unlawfully” appointed as the acting U.S. Attorney in New Jersey.

Habba is disqualified from prosecuting two defendants who challenged her appointment, Middle District of Pennsylvania Chief Judge Matthew W. Brann, an Obama appointee, held.

“After reviewing several issues of first impression, the Court concludes that Ms. Habba has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025,” Brann wrote.

Habba’s actions since that point “may be declared void,” the judge continued.

When Habba’s 120-day appointment as New Jersey’s interim U.S. attorney expired in July, a panel of federal judges selected her deputy, Desiree Leigh Grace, to take the position.

Using an unusual maneuver, the Trump administration sought to keep Habba in charge of the office. Attorney General Pam Bondi removed Grace, appointing Habba to the position of First Assistant United States Attorney and automatically making her the acting U.S. Attorney.

The Department of Justice (DOJ) did not immediately respond to a request for comment. Brann wrote that he would put his decision on hold until any appeal is resolved.

This is a breaking news story and will be updated.

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