federal Court Restricts Acting U.S. Attorney for New Jersey from Handling Criminal Cases Amid Appointment Controversy
A federal judge has recently barred Alina Habba, the acting U.S.Attorney for new Jersey, from participating in any active criminal prosecutions initiated by her office. This ruling arises amid disputes challenging the legality of her appointment under the previous administration.
Disputes Over Appointment Validity
Judge Matthew Brann ruled that Habba’s interim appointment as chief federal prosecutor in New jersey was invalid due to an irregular sequence of administrative actions taken by the former Trump administration.According to Brann, thes steps did not adhere to established legal protocols governing such appointments.
Habba, who had served as a personal attorney for former President Donald Trump, assumed this role on July 1, 2025. However, Judge Brann’s decision asserts that she has been exercising prosecutorial authority without proper legal sanction sence then.
“The Court finds that Ms.Habba has performed the duties and functions of United States Attorney for the District of New Jersey without lawful authority since July 1,2025,” wrote judge Brann.
Consequences for Ongoing Criminal Proceedings
The court clarified that while Habba must be removed from involvement in current cases-including those against defendants Cesar Humberto Pina and Julien Giraud Jr. and III-this does not automatically nullify indictments issued during her tenure.
This distinction is notable because it preserves prior prosecutorial decisions while preventing further participation until a valid appointment is confirmed through proper channels.
Origins of Appointment Disputes
The controversy originated after other federal judges in New Jersey rejected Habba’s appointment once an interim term limit of 120 days expired. In response, the Trump administration implemented a complex five-step process designed to bypass this restriction and keep her position intact.
Judge Brann became involved due to his jurisdiction over related matters within Pennsylvania’s Middle District Court system where some connected issues were being litigated.
Upcoming Legal Developments and Administrative Actions
The court temporarily stayed its disqualification order against Habba pending appeals filed by the Trump administration. This stay allows appellate courts time to determine whether her appointment can be legally upheld or must be overturned entirely.
The Wider Context: Interim Federal Appointments Under Scrutiny
This case exemplifies broader national debates surrounding interim appointments within U.S. Attorneys’ offices-a subject gaining prominence amid growing concerns about executive branch personnel decisions impacting law enforcement leadership stability across multiple districts as observed throughout mid-2025. For instance, similar disputes have emerged recently in districts like Texas and California where acting prosecutors faced challenges over procedural compliance with federal statutes governing temporary appointments.
