Judge Rules Alina Habba Lacks Legal Authority as US Attorney

A federal judge ruled Thursday that Alina Habba, whom President Trump appointed as New Jersey's top federal prosecutor by using a loophole, has been acting without legal authority—throwing the state's federal courts into deeper turmoil. "Because she is not currently qualified to exercise the functions and duties of the office in an acting capacity," Judge Matthew Brann of Pennsylvania's Middle District said, per the New York Times, "she must be disqualified from participating in any ongoing cases." Brann delayed his ruling from taking effect to allow an appeal.

Two New Jersey defendants facing trial on drug-trafficking charges had argued that Habba hasn't had the authority to prosecute the case since her 120-day term as interim US attorney expired in July, per the AP. The legitimacy of Habba's role has been under scrutiny for weeks, stalling court proceedings in other cases. The judge emphasized that while his decision may face review by the Court of Appeals, New Jersey's federal courts need urgent action so they can return to normal operations. The Times described Thursday's ruling as a remarkable rebuke of the Justice Department.

Habba, formerly a civil attorney for Trump and a campaign spokeswoman, had little criminal law experience before being named interim US attorney in March. The Trump administration undertook a series of maneuvers to attempt to keep Habba in control of the office after district judges ousted her at the end of her term, per Politico. Judges appointed veteran prosecutor Desiree Grace instead to the office, but US Attorney General Pam Bondi fired Grace and reinstated Habba, triggering legal challenges.