Federal judge rules Alina Habba has been unlawfully serving as US attorney in New Jersey

A federal judge on Thursday ruled that former President Donald Trump attorney Alina Habba has been unlawfully serving as the United States attorney for New Jersey since her 120-day term ended without her being confirmed by the Senate.

New Jersey's 17 U.S. District Court judges chose to replace Habba as the interim attorney last month after the term expired without her confirmation, but the Trump administration used unconventional tactics to keep her in the role by firing her replacement.

U.S. District Judge Matthew Brann determined that those tactics were not "lawful," but placed his ruling on hold pending an appeal.

“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 ruling.

Brann’s decision is in response to a request on behalf of two New Jersey defendants who faced a trial on federal drug-trafficking charges.

The judge previously promised to rule on Habba's legal authority after a defendant asked for his case to be dismissed because of questions regarding Habba's position. He declined to dismiss the case because the charges were filed before she took office.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.