Alina Habba fights New Jersey judges and vows to fight back
Former federal prosecutor Jim Trusty discussed Tulsi Gabbard's referral of Russia's investigation of evidence to the Justice Department, while Alina Habba continued to work to continue to serve as New Jersey agent for New Jersey after her interim term expired.
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The judge found on Thursday that Alina Habba served illegally in the role of a New Jersey lawyer after President Donald Trump avoided typical procedures to get her in charge.
Judge Matthew Brann said Habba was not a U.S. attorney for New Jersey since July 1, and the ruling follows two New Jersey criminal defendants questioning her appointment in court, saying it was unconstitutional.
“Faced with a question of whether Ms. Haba is legally performing the functions and responsibilities of the U.S. Attorney's Office of the New Jersey District, I concluded that she is not,” Brann wrote on a 77-page order.
Judge decides Alina Habba's fate as a U.S. lawyer in New Jersey
New Jersey’s newly appointed interim U.S. Attorney Alina Habba spoke to media members on Monday, March 24, 2025 in the media outside the West Wing of the White House in Washington, DC, USA. (Samuel Corum/Sipa/Bloomberg via Getty Images)
Trump’s former personal defense attorney, Haba, has been serving as an interim U.S. attorney, but when her term expired last month, Trump and Attorney General Pam Bondi used a loophole in the federal vacancy law to install her as a “agent” rather than a “temporary” U.S. attorney.
Julien Giraud, a defendant in the area, claimed that the move violated his constitutional rights as it took a series of unconventional actions to try to get Haba to the post.
Trump stands on Alina Habba
President Donald Trump was sworn in at White House Presidential Counselor Alina Habba, and then swore in as a New Jersey interim lawyer on March 28, 2025 at the White House in Washington, D.C. (Andrew Harnik/Getty Images)
Brann, who served in the Central District of Pennsylvania, agreed and found that Habba could not sue Giraud or another defendant who stood on Habba.
Bran presided over the matter after the chief judge covering the Third Circuit Court of Appeals for New Jersey and Pennsylvania ruled that the case had caused too much conflict for federal judges in New Jersey.
A New Jersey judge made a rare decision to refuse to extend Haba’s tenure, instead appointing professional attorney Desiree Grace to the job. Trump and Bundy fired Grace, withdrew Habba's nomination as a permanent lawyer, and then resumed Habba's representation as a U.S. lawyer, who said under federal regulations, Habba will have at least another 210 days.
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Fox News Digital approached Habba spokesperson for comment.
This is a developing story. Please check the update.
Ashley Oliver is a reporter for Fox News Digital and Fox Business, covering the Department of Justice and legal affairs. Email story prompts to [email protected].