US Appeals Ruling Blocking Habba From Serving as NJ Prosecutor

The Justice Department appealed a judge’s decision that rejected President Donald Trump’s appointment of Alina Habba as the top federal prosecutor in New Jersey as unlawful.

In a one-page notice, the US said Monday it would appeal an Aug. 21 ruling by US District Judge Matthew Brann that Habba, Trump’s former personal attorney, is not “lawfully performing” the duties of US attorney.

Brann ruled that Habba is “not currently qualified” to perform the job, which she began on March 28 on an interim basis before Attorney General Pam Bondi appointed her on July 24 to perform the duties on an acting basis.

Alina Habba

Photographer: Francis Chung/Politico/Bloomberg

The judge, who said her lawful time in office expired on July 1, put his ruling on hold pending appeal. Habba attacked the judge, who ruled that the US misapplied the law by using a series of legal maneuvers to keep her in place.

“I am the pick of Pam Bondi, our attorney general, and I will serve this country like I have for the last several years, in any capacity,” Habba said during an Aug. 21 appearance on Fox News. “The attorney general said it today, we will not fall to rogue judges.”

Trump had nominated Habba for a four-year term, but the US Senate failed to act, prompting the president to withdraw her nomination. New Jersey’s Democratic senators, Cory Booker and Andy Kim, opposed her appointment.

In her appearance on Fox News, Habba criticized Senate Judiciary Chairman Chuck Grassley, an Iowa Republican, for following the so-called “blue slip” custom, which requires US attorney nominees to gain support from their home-state senators in order to advance.

On Monday, Grassley defended the blue slip custom in a series of social media posts. He also said his committee never received the paperwork needed to vet Habba’s nomination.

Three criminal defendants in New Jersey challenged Habba’s appointment as acting US attorney, which pushed many judges to pause criminal proceedings until the dispute concludes.

To contact the reporters on this story:
Justin Wise in Arlington at jwise52@bloomberg.net;
David Voreacos in New York at dvoreacos@bloomberg.net

To contact the editors responsible for this story:
Misyrlena Egkolfopoulou at megkolfopoul@bloomberg.net

Anthony Aarons

© 2025 Bloomberg L.P. All rights reserved. Used with permission.