Court rules New Jersey U.S. Attorney has no legal authority

The US District Court for the District of New Jersey issued a ruling that Alina Habba, who was appointed as the interim US attorney for the District of New Jersey, has had no legal authority since July 1, reported Jurist News.

According to the court’s decision, the US Senate has not approved Habba’s appointment to the post. Her temporary appointment, limited to 120 days, ended on that day. Chief Judge Matthew Brann wrote in his decision, “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 added, “Trump Administration officials, believing that Ms. Habba’s term did not end until midnight on Friday, July 25, 2025, conceived a multi-step maneuver to keep her in the United States Attorney role.” The judge further detailed five steps that he said the President Donald Trump’s administration used to keep Habba in the post, ruling that those steps were prohibited by 5 U.S.C. § 3345 and 28 U.S.C. § 546.

On July 22, the court appointed Desiree Grace, Habba’s first assistant, as the US attorney. US Attorney General Pam Bondi dismissed Grace hours later.

In response to Brann’s ruling, Bondi said the administration would appeal, saying Habba was “doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.”

Chief Judge Brann stayed his order in the case pending the outcome of the expected appeal.

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