DOJ to Appeal Judge’s Ruling That Alina Habba Was ‘Not Lawfully Appointed’ as U.S. Attorney
The Justice Department announced it will “immediately appeal” a federal judge’s decision declaring that President Donald Trump’s appointment of Alina Habba as acting U.S. attorney for the District of New Jersey was unlawful.
Attorney General Pam Bondi confirmed the move Thursday afternoon in a post on X:
“We will immediately appeal. @USAttyHabba is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks,” Bondi wrote.
The ruling by U.S. District Judge Matthew W. Brann, an Obama appointee, delivered a sharp blow to both the Trump administration and Habba, who has emerged as a key figure in the former president’s legal and political strategy.
Judge Brann: Appointment ‘Not Lawful’
In his opinion, Brann said the administration “perpetuated Alina Habba’s appointment” through a “novel series of legal and personnel moves” that did not comply with federal law.
“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.
“Because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases.”
The ruling came in response to a lawsuit filed by two criminal defendants in New Jersey, who argued that Habba’s appointment violated the Vacancies Reform Act and other federal statutes.
Habba’s Rise—and the Controversy Surrounding It
Habba, a longtime Trump legal ally, was appointed as counselor to the president in December before being elevated to acting U.S. attorney in March. Her 120-day interim term ended in July when a panel of federal judges selected her top deputy, Desiree Grace, to replace her.
However, in an unusual move, the Justice Department dismissed Grace just hours after the judges announced their decision, effectively reinstating Habba in an acting capacity.
The maneuver drew immediate scrutiny from legal experts and political opponents, who accused the Trump administration of exploiting procedural loopholes to keep a loyalist in power.
https://twitter.com/AGPamBondi/status/1958665389937729804
Nomination Stalled in Senate
President Trump formally nominated Habba in July for a full four-year term as U.S. attorney, but her path to confirmation faces steep obstacles.
New Jersey’s two Democratic senators, Cory Booker and Andy Kim, have said they will not return the traditional “blue slips” required for the Senate Judiciary Committee to move forward on her nomination. Without their support, the committee—chaired by Republican Sen. Chuck Grassley—cannot advance her confirmation under longstanding Senate norms.
Grassley has so far declined to waive the blue-slip tradition, drawing sharp criticism from Trump and Habba.
“Chuck Grassley, who I got re-elected when he was down by a lot, could solve the ‘Blue Slip’ problem with a mere flick of the pen,” Trump fumed on Truth Social last month.
Habba echoed that frustration during an interview on Fox News:
“Cory Booker and Andy Kim — who I have never, to this day, spoken to despite my attempts — have truly done us a disservice,” she said. “And frankly, same with Sen. Grassley. This is a tradition, not a law, and it’s being used to block the president’s nominees.”
Political and Legal Fallout
Judge Brann’s decision not only removes Habba from active cases but also casts uncertainty over prosecutions she oversaw during her interim tenure. Defense attorneys are expected to file motions challenging her prior involvement, potentially jeopardizing ongoing investigations.
The Justice Department, meanwhile, is gearing up for a legal battle to defend its authority.
“This is about executive power and separation of powers,” a senior DOJ official told reporters. “If left unchecked, this ruling could upend the traditional framework for filling vacancies.”
Habba Responds: ‘I Will Keep Fighting’
In a statement after the ruling, Habba called the decision “disturbing” but vowed to continue serving in any capacity.
“I am the pick of the president, I am the pick of Pam Bondi, our attorney general, and I will serve this country like I have for the last several years,” she said.
For now, her future hinges on the outcome of the DOJ appeal—and whether Senate Republicans decide to confront Democrats over the blue-slip blockade.
Key SEO Keywords:
Alina Habba DOJ appeal, Judge rules Habba unlawful, Trump U.S. attorney pick controversy, Pam Bondi DOJ statement, blue slip tradition Senate, New Jersey U.S. attorney fight.
https://twitter.com/nicksortor/status/1958704713462853892
