A judge on Thursday found that Alina Habba was unlawfully serving in the role of acting U.S. attorney of New Jersey after President Donald Trump sidestepped typical processes to keep her in charge.
Judge Matthew Brann said Habba has not been the rightful temporary U.S. attorney for New Jersey since July 1, a ruling that follows two criminal defendants in New Jersey challenging her appointment in court, alleging it was unconstitutional.
‘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,’ Brann wrote in a 77-page order.
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.
One of the defendants 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 and found Habba could not prosecute Giraud or another defendant who challenged Habba’s position.
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.
Fox News Digital reached out to a spokeswoman for Habba for comment.
This is a developing story. Check back for updates.
