A federal judge on Thursday ruled that Alina Habba, a former personal attorney to Donald Trump, has been unlawfully serving in the role of New Jersey’s top federal prosecutor, and disqualified her from prosecuting a man who challenged her appointment.
As my colleague Jordan Rubin explained last month, the case centers on a gambit Trump and his administration attempted to keep Habba in her role as U.S. attorney for New Jersey despite the fact that her interim tenure had expired. The lawsuit was filed by a man who alleged his due process rights had been violated by Habba’s continued service in the role.
U.S. District Judge Matthew Brann seemed to agree with that framing in his ruling. He wrote that that 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 said that legally precludes her from overseeing indictments and prosecutions out of the office:
Her actions since that point may be declared void, including her approval of [an indictment], although that fact does not require its dismissal. And because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases.
Brann said his ruling will remain on hold pending further appeal, so it doesn’t take immediate effect.
The Justice Department and New Jersey U.S. attorney’s office did not immediately respond to NBC News’ requests for comment.
The decision is the latest in an ongoing battle between the Trump administration and the federal court system, an institution for which the president and his allies have shown little deference.
