By Briana Vannozzi, Anchor | NJ Spotlight News, August 22, 2025
A federal judge in Pennsylvania has ruled that Alina Habba, President Trump’s former personal lawyer, does not have the authority to serve as New Jersey’s top federal prosecutor because of the Trump administration’s violation of appointment rules.
Judge Matthew Brann’s decision halts Habba’s involvement in ongoing cases and deepens concerns over how the U.S. Justice Department is handling the appointments of top prosecutors.
“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, the chief district judge for the Middle District of Pennsylvania, wrote in a 77-page ruling that was released Thursday.
Several people charged with federal crimes in New Jersey had challenged the legality of Habba’s tenure.
Professor Jacob Elberg, of Seton Hall Law School and a former assistant attorney in New Jersey’s U.S. Attorney’s office, spoke with NJ Spotlight News about the ruling and its potential impact on federal prosecutions in New Jersey.
“It’s a real problem,” said Elberg. “First of all, leadership uncertainty in any organization is a significant challenge. But here, it’s worse than that because these cases are hard enough. The job is hard enough without dealing with the potential that cases may be viewed as not legitimate because of her involvement, and in fact that she’s unlawfully in the position.”
Habba knocks Judge Grassley after his ruling (The Hill)
Fallout from the Alina Habba ruling has begun (Politico)
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