Federal Judge Rules U.S. Attorney Alina Habba's Appointment is Unlawful

TRENTON, NJ – A federal judge has delivered a significant ruling that Alina Habba, a high-profile attorney for former President Donald J. Trump, is unlawfully serving as the United States Attorney for the District of New Jersey. The decision, handed down late Thursday, immediately bars her from participating in any prosecutions handled by the office, casting a cloud of uncertainty over one of the nation’s most prominent federal districts.

In a sharply worded opinion, U.S. District Judge Georgette Castner concluded that Habba’s appointment violated the strict terms of the Federal Vacancies Reform Act (FVRA). "Faced with the question of whether Ms. Habba is lawfully performing the functions and duties of the office of the United States Attorney for the District of New Jersey, I conclude that she is not," Judge Castner wrote in the ruling obtained by news outlets.

The challenge to Habba's authority arose from a motion filed by a defendant in a federal criminal case, who argued that the indictment against him was invalid because it was overseen by an improperly appointed official. Judge Castner’s decision sided with that argument, focusing squarely on the legal mechanism of her appointment.

The Vacancies Reform Act at the Core

At the heart of the ruling is the Federal Vacancies Reform Act of 1998, a law designed to impose strict limits on how and for how long temporary appointments can be made to senior government positions that normally require Senate confirmation. The law specifies a clear order of succession.

According to Judge Castner's analysis, Habba did not meet the statutory requirements to serve in an acting capacity. The FVRA generally allows the "first assistant" to the vacant office to step in. If not the first assistant, an acting official must have been a senior employee within that same agency for at least 90 days in the year preceding the vacancy. The court found that Habba, who was appointed from outside the office, did not fulfill these legal prerequisites.

The ruling does not invalidate the office itself but specifically targets Habba’s authority to act as its leader. It effectively sidelines her from all prosecutorial decisions, grand jury proceedings, and legal actions taken on behalf of the United States within the district until the matter is resolved.

Widespread Implications and Legal Questions

The decision sends shockwaves through New Jersey’s legal community and the Department of Justice. The U.S. Attorney's Office for the District of New Jersey is one of the busiest and most powerful in the country, handling major cases involving public corruption, national security, corporate fraud, and violent crime.

This ruling immediately raises critical questions about the validity of actions taken under Habba’s authority since she assumed the role. Legal experts suggest that dozens of other defendants could now file similar motions to challenge their indictments, potentially disrupting a vast portfolio of ongoing federal cases. The Justice Department is expected to appeal the ruling swiftly to prevent widespread legal chaos.

A spokesperson for the Department of Justice in Washington stated they are "reviewing the decision and considering our next steps," but declined to comment further on the pending litigation. Habba's office has not yet issued a public statement in response to the ruling.

The decision places a spotlight on the executive branch's appointment powers and the judiciary's role in enforcing statutory limits. As the legal and political fallout continues to unfold, the focus will now be on the Justice Department's response and whether the White House will move to nominate a permanent, Senate-confirmed U.S. Attorney to bring stability back to the district.