A federal judge has concluded that Alina Habba, President Donald Trump’s choice to lead the U.S. Attorney’s Office for the District of New Jersey, has been serving in the role without legal authority since her interim appointment lapsed on 1 July. In a 77-page opinion issued on 21 August, Chief U.S. District Judge Matthew Brann of the Middle District of Pennsylvania wrote that the administration’s “novel series of legal and personnel moves” violated the Federal Vacancies Reform Act and that Habba is “not lawfully performing the functions and duties” of the office. Habba, formerly Trump’s personal lawyer, was sworn in as interim U.S. attorney on 28 March, a position that may only be held for 120 days without Senate confirmation. When that period expired, New Jersey’s district judges installed her deputy, Desiree Grace, but Attorney General Pam Bondi dismissed Grace and re-designated Habba as acting U.S. attorney through a rearrangement of titles intended to bypass Senate approval. Judge Brann found the maneuver impermissible, stating that all official actions taken by Habba since 1 July could be deemed void. The ruling arose from challenges filed by three criminal defendants who argued that indictments signed under Habba lacked legal standing. While Brann stayed his decision to allow the Justice Department to appeal to the Third Circuit, the opinion threatens to unsettle pending prosecutions and could invite similar challenges in other districts where the administration has relied on the same workaround. Bondi said the department will “immediately appeal,” while Habba has vowed to continue in office during the appellate process.