A federal judge just dropped a bombshell on Alina Habba, former Trump lawyer turned interim U.S. attorney in New Jersey. Chief U.S. District Judge Matthew Brann ruled on Thursday, that Habba has been unlawfully holding the top prosecutor spot since her temporary term expired in July, as the Associated Press reports. This decision slaps down the Trump administration’s sly maneuver to dodge Senate confirmation.
Habba, appointed in March, was meant to serve only 120 days as interim U.S. attorney. Her role was to lead federal prosecutions in New Jersey, but the clock ran out, and the administration kept her in place without Senate approval. Brann’s ruling calls this a clear violation of federal law.
The judge didn’t mince words, stating, “Faced with the question of whether Ms. Habba is lawfully performing the functions and duties of the office… I conclude that she is not.” This isn’t just a technicality; it’s a rebuke of executive overreach. The left-leaning legal establishment must be chuckling at this conservative setback.
Habba’s appointment was a bold move by Trump, who tapped his former lawyer and White House adviser for the high-profile role. She made waves early, vowing to “turn New Jersey red” in an interview. That kind of talk might thrill MAGA supporters, but it’s catnip for progressive critics who see partisan overtones.
The ruling stemmed from challenges by defendants in New Jersey federal cases, who argued Habba lacked authority to prosecute after July. Their point? If she’s not legally appointed, her actions as prosecutor could be void, throwing a wrench into ongoing cases.
Judge Brann put his order on hold, giving the Justice Department a chance to appeal. It’s unclear who is calling the shots in the U.S. attorney’s office while this legal mess unfolds. The uncertainty leaves New Jersey’s federal prosecutions in limbo, a gift to chaos-loving bureaucrats.
Habba didn’t shy away from bold moves as a prosecutor, charging Newark Mayor Ras Baraka with trespassing over a visit to an immigration detention center. The charge was later dropped, but it raised eyebrows for its political undertones. Targeting a Democratic mayor smells like a playbook from the anti-woke warrior handbook.
She also charged Rep. LaMonica McIver with assault tied to the same incident, a rare federal case against a sitting congresswoman. McIver pleaded not guilty, denying the allegations. These high-profile cases fueled accusations that Habba was pushing a partisan agenda, not justice.
Attorney General Pam Bondi fired back, posting online that Habba’s doing “incredible work in New Jersey” and vowing to protect her from “activist judicial attacks.” Bondi’s defiance is pure red meat for conservatives tired of judicial meddling. But it sidesteps the core issue: the law demands Senate confirmation for long-term appointments.
New Jersey’s Democrat Sens., Cory Booker and Andy Kim, were poised to block Habba’s nomination as her term neared its end. Their opposition likely forced the administration’s hand, leading to the questionable extension of her role. Progressives love to flex their Senate muscle, don’t they?
When Habba’s term expired, federal judges in New Jersey replaced her with her second-in-command, a career prosecutor. Bondi quickly fired that replacement and reinstated Habba, arguing Trump’s authority to appoint his pick. That move might rally the base, but it’s a legal gamble that just backfired.
Judge Brann wasn’t buying the Justice Department’s defense that the judges acted too soon. He wrote, “Taken to the extreme, the President could use this method to staff the United States Attorney’s office… without seeking the Senate’s advice and consent.” That’s a judicial gut-punch to unchecked executive power.
This ruling could ripple beyond New Jersey, threatening other Trump-appointed U.S. attorneys whose temporary terms have lapsed. The administration’s habit of sidestepping Senate confirmation is now under a microscope. Conservatives might cheer loyalty, but the law doesn’t bend for enthusiasm.
Attorneys Abbe Lowell and Gerald Krovatin, representing the challengers, crowed, “Prosecutors wield enormous power, and with that comes the responsibility to ensure they are qualified and properly appointed.” Their sanctimonious tone reeks of progressive posturing, but they’re not wrong about the rule of law. Even MAGA warriors must play by the rules.
Habba’s office didn’t respond to requests for comment, leaving supporters to wonder what’s next. With the Justice Department appealing, this fight is far from over. For now, Brann’s ruling stands as a warning: even Trump’s fiercest allies can’t outrun federal law’s time limits.
