Judge says former Trump lawyer illegally serving as U.S. attorney

A federal judge in Pennsylvania ruled Thursday that Alina Habba, a former lawyer for President Donald Trump, is illegitimately serving as U.S. attorney in New Jersey. Habba’s 120-day interim appointment expired on July 1, meaning her work after that was illegitimate, according to U.S. District Judge Matthew Brann. His ruling noted several legal maneuvers taken by the Trump administration to keep Habba in office, but ultimately judged them invalid.

How was her legitimacy brought into question? Attorneys representing two defendants facing drug charges and a third facing fraud charges argued that Habba did not have the authority to prosecute them because her interim term had expired. The lawyers argued that Habba should not be allowed to prosecute their clients because she signed their indictments after her term expired, making the indictments technically void. However, Brann denied one plaintiff’s request to dismiss the charges outright in the Thursday ruling. The ruling disqualified Habba from taking part in or overseeing any of the defendants’ prosecutions in any way.

Dig deeper: Read Josh Schumacher’s report about her appointment as presidential lawyer in December 2024.