Trump pick Alina Habba unlawfully serving as US Attorney in New Jersey: judge

A judge ruled Thursday that President Donald Trump’s former lawyer, Alina Habba, has been unlawfully serving as the top federal prosecutor in New Jersey.

“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.

Acting U.S. Attorney Alina Habba at a press conference. — Acting U.S. Attorney Alina Habba announces a major drug bust during a press conference on July 1, 2025. Luiz C. Ribeiro for New York Post

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

Brann’s decision comes in response to a filing on behalf of two New Jersey defendants who faced a trial on federal drug-trafficking charges.

Their attorney sought to block the charges against his clients, arguing that Habba didn’t have the authority to prosecute the case after her 120-day term as interim U.S. attorney expired in July.

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