Alina Habba, newly appointed interim US attorney for New Jersey, speaks to members of the media outside the West Wing of the White House in Washington, DC, US, on Monday, March 24, 2025. (Samuel Corum/Sipa/Bloomberg via Getty Images)
Habba, Trump's former personal defense lawyer, had been serving as interim U.S. attorney, but when her term expired last month, Trump and Attorney General Pam Bondi used loopholes in federal vacancy laws to install her as "acting" rather than "interim" U.S. attorney.
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A defendant in the district, Julien Giraud, alleged that the moves violated his constitutional rights because of the string of unconventional actions it took to attempt to keep Habba in the role.
Brann, an Obama appointee serving in the Middle District of Pennsylvania, agreed. Brann is presiding over the matter after the chief judge of the Third Circuit Court of Appeals, which covers New Jersey and Pennsylvania, decided the case presented too much of a conflict for New Jersey's federal judges.
The New Jersey judges made the rare decision to decline to extend Habba's term and instead appointed career attorney Desiree Grace to the job. Trump and Bondi fired Grace, withdrew Habba's nomination as permanent U.S. attorney and then reinstated Habba as acting U.S. attorney, which they said kept Habba in charge for at least another 210 days under federal statute.
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Fox News Digital reached out to a spokeswoman for Habba for comment.
This is a developing story. Check back for updates.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/federal-judge-rules-trump-appointee-alina-habba-unlawfully-serving-us-attorney