A federal judge on Thursday ruled that acting U.S. Attorney Alina Habba’s appointment was “unlawful.” The ruling may render void all of her actions as New Jersey’s top prosecutor since July. “After reviewing several issues of first impression, the Court concludes that Ms. Habba has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025,” said judge Matthew Brann, the chief district judge for the Middle District of Pennsylvania, according to ABC News. Brann, an Obama appointee, added that Habba “must be disqualified from participating in any ongoing cases.” However, the order is on hold and will not take immediate effect, allowing the Trump administration time to file an appeal. BREAKING: A federal judge holds that former Trump lawyer Alina Habba has been unlawfully serving as U.S. attorney in New Jersey. https://t.co/1xllnuTtfY — The Associated Press (@AP) August 21, 2025 ABC News has more: Brann’s order followed a legal challenge brought against Habba’s appointment by three separate criminal defendants who have been charged in the District of New Jersey. While Judge Brann declined to grant the defendants’ request that their cases be dismissed outright because of Habba’s apparent unlawful service in the office, he said Habba is disqualified from participating in any of their cases moving forward — as well as “any ongoing” cases in the office. “The Executive branch has perpetuated Alina Habba’s appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves,” Judge Brann wrote. “Along the way, it has disagreed with the Judges of the United States District Court for the District of New Jersey and criminal defendants in that District about who should or may lead the office.” In July, Habba was replaced as interim U.S. Attorney for the District of New Jersey after her 120-day term expired. However, President Trump pulled his nomination of Habba to serve as New Jersey’s top federal prosecutor, enabling her to remain in the role in an acting capacity. President Trump’s Latest Move Enables Alina Habba To Continue Serving In Role CNN provided further info: Defendants Julien Giraud Jr. and Julien Giraud III moved to dismiss their indictment on drug-related charges, arguing Habba’s appointment was illegal. Another defendant, Cesar Pina, who is accused of defrauding investors, also sought to dismiss his indictment, arguing it was handed up after Habba’s term expired. The judge’s opinion “underscores that this Administration cannot circumvent the congressionally mandated process for confirming U.S. Attorney appointments,” Pina’s attorneys Abbe Lowell and Gerald Krovatin said Thursday. Under federal law, interim US attorneys can only hold the position for 120 days, after which district judges can appoint a temporary US attorney if the administration’s choice is not confirmed by the Senate. When there is no US attorney, under the Federal Vacancies Reform Act, the first assistant by default becomes the acting US attorney. In this case, the judges declined to appoint Habba and instead went with the first assistant, who was promptly fired by the Justice Department. Anne Joseph O’Connell, a professor at Stanford Law School who studies administrative law, said the ruling could have a broad impact on the administration. “It opens up a challenge to any acting official serving under Federal Vacancies Reform Act who was named first assistant to Senate-confirmed slot after the last confirmed person departed. “That’s acting US attorneys but it’s not limited to US attorneys,” she said.