In the annals of Washington power struggles, Thursday’s ruling against Alina Habba stands out as a sharp reminder that even in an era of aggressive executive maneuvering, the judiciary still holds the final word.
Judge Matthew Brann, an Obama appointee sitting in Pennsylvania, issued a sweeping 77-page opinion concluding that Habba—the former Trump defense lawyer elevated to acting U.S. attorney for New Jersey—was unlawfully serving in the role. Her authority, Brann wrote, expired July 1, and the elaborate effort by President Trump and Attorney General Pam Bondi to keep her in office amounted to an unconstitutional end-run around the law.
The ruling arose from challenges filed by two criminal defendants, who argued that Habba’s appointment violated the Constitution. Brann agreed, finding that her continued service after the expiration of her interim term ran afoul of the Federal Vacancies Reform Act. The consequence: Habba cannot prosecute those cases, her signatures on filings are invalid, and other defendants may now move to challenge her authority in their prosecutions.
The backstory reads like a constitutional chess match. Habba’s original 120-day interim term expired, at which point New Jersey’s federal judges invoked their statutory authority to appoint career attorney Desiree Grace to the post.
Within hours, Trump and Bondi fired Grace, withdrew Habba’s pending nomination for permanent U.S. attorney, and reinstalled her as “acting” U.S. attorney under a separate vacancies statute—claiming this maneuver reset the clock and gave her another 210 days in office.
Brann wasn’t persuaded. He wrote that the administration had “flouted” the carefully balanced scheme Congress designed to prevent manipulation of interim appointments. To accept the administration’s reading, he warned, would open a “gaping loophole” that undermines the very purpose of the law.
The symbolism is as potent as the legal substance. Habba was not just any interim prosecutor—she was a loyal Trump confidante, placed at the helm of one of the country’s most powerful U.S. Attorney’s offices.
Her fall carries implications far beyond New Jersey. Similar tactics have been used to install Trump’s preferred prosecutors in other blue-state districts, where Senate confirmations remain stalled. Brann’s ruling now threatens to unravel those arrangements as well.
For the moment, his order is stayed pending appeal, giving the Trump administration a chance to salvage its strategy. But the damage is clear: Habba’s tenure is tainted, her authority compromised, and every defendant she has touched now has reason to question the legitimacy of their prosecution.
