Trump Loyalist Unlawfully Serving As NJ’s Top Prosecutor, Judge Rules

A judge on Thursday ruled that Alina Habba has been unlawfully serving as U.S. Attorney for New Jersey and cannot continue in the role.

In a 77-page ruling, the court held that Habba’s term as the interim U.S. attorney ended on July 26, and the Trump administration’s maneuvers to effectively keep her in the role without getting confirmation from the U.S. Senate didn’t follow procedures required by federal law.

“I conclude that she is not statutorily eligible to perform the functions and duties of the office of the United States Attorney and has therefore unlawfully held the role since July 24, 2025,” U.S. District Judge Matthew Brann wrote.

Brann said he’s putting his order on hold pending an appeal.

Habba, President Donald Trump's former lawyer, has been fighting to retain the role since July, when New Jersey's U.S. District court judges decided not to extend her term, which was limited to 120 days after she was appointed by Trump on March 24.

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Desiree Leigh Grace, a longtime prosecutor and Habba's first assistant, was tapped to fill the role. The order appointing Grace, a longtime prosecutor and Habba's first assistant, did not specify any reasons why she was chosen to assume the role.

Hours later, U.S. Attorney General Pam Bondi removed Grace, stating Habba had "been doing a great job in making NJ safe again," adding that "The Department of Justice does not tolerate rogue judges."

Trump then withdrew Habba's original nomination, which allowed her to resume the role in an acting manner.

The Justice Department has said in filings that the judges acted prematurely and that the executive has the authority to appoint his preferred candidate to enforce federal laws in the state.

Habba first made headlines when Trump appointed her to the role in March. She said the state could “turn red,” a rare, overt political expression from a prosecutor, and said she planned to investigate the state’s Democratic governor and attorney general.

She then brought a trespassing charge, which was eventually dropped, against Newark Mayor Ras Baraka stemming from his visit to a federal immigration detention center. Habba later charged Democratic Rep. LaMonica McIver with assault stemming from the same incident, a rare federal criminal case against a sitting member of Congress other than for corruption. She denies the charges and has pleaded not guilty.

Volatility over her tenure unfolded in late July when the four-month temporary appointment was coming to a close, and it became clear that she would not get support from home state Sens. Cory Booker and Andy Kim, both Democrats, effectively torpedoing her chances of Senate approval.

Habba, 41, is a native of Summit and served as President Trump's longtime personal attorney and legal adviser to his campaign. She represented the president in multiple civil and criminal cases, including the battles with New York Attorney General Letitia James and author E. Jean Carroll.

The Associated Press contributed to this report.