Barack Obama Judge Blocks Alina Habba From Serving as Acting U.S. Attorney

A federal judge has ruled that Alina Habba, appointed by President Donald Trump to serve as acting U.S. attorney for New Jersey, has been unlawfully holding the position since July 1, as reported by Fox News.

The decision came Thursday from Judge Matthew Brann of the Middle District of Pennsylvania, who found that Habba’s appointment did not comply with federal law.

BREAKING – JUDICIAL COUP: An activist judge just said that Alina Habba is NOT legally allowed to serve as Acting US Attorney for New Jersey, after President Trump reappointed her.

This weird-looking Obama judge is trying to subvert Article 2.

“And because she is not… pic.twitter.com/49KO1patQG

— Eric Daugherty (@EricLDaugh) August 21, 2025

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His ruling stemmed from challenges filed by two criminal defendants who argued that her continued service in the role violated the Constitution.

“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 in a 77-page opinion.

NEWS: Federal judge finds that Alina Habba is NOT lawfully performing functions and duties of U.S. Attorney in New Jersey.

Judge Matthew Brann disqualifies Habba from prosecution of two criminal defendants who challenged her appointment pic.twitter.com/6cypgrypYD

— Anna Bower (@AnnaBower) August 21, 2025

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Habba, previously known for serving as President Trump’s personal defense lawyer, had been appointed interim U.S. attorney in New Jersey. When her interim term expired last month, Trump and Attorney General Pam Bondi moved to keep her in office.

Instead of extending her as interim, they designated her as acting U.S. attorney, citing provisions in federal vacancy statutes that allow an acting official to serve for up to 210 days.

One of the defendants in the case, Julien Giraud, argued that the maneuver violated his rights because it relied on a series of irregular actions that bypassed the Senate confirmation process. Another defendant also challenged Habba’s authority to prosecute their case.

Judge Brann, an Obama appointee, sided with the defendants, concluding that Habba did not have the legal authority to serve in the position. He further determined that she could not proceed with prosecutions against the defendants who brought the challenge.

The dispute was transferred out of New Jersey’s federal courts after the judges of that district recused themselves, citing conflicts of interest. The chief judge of the Third Circuit Court of Appeals assigned Brann to handle the matter.

Prior to the ruling, New Jersey’s federal judges had declined to extend Habba’s interim appointment and instead selected career prosecutor Desiree Grace to serve as U.S. attorney.

President Trump and Attorney General Bondi subsequently removed Grace, withdrew Habba’s nomination to permanently fill the role, and reinstated Habba as acting U.S. attorney.

Brann’s ruling raises questions about the legal standing of cases handled by Habba since her term expired on July 1. The Justice Department has not announced how it will respond to the decision.

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