A federal judge has ruled that Alina Habba, President Donald Trump’s choice to lead the U.S. Attorney’s Office in New Jersey, has been performing the job without lawful authority since 1 July 2025. In a 77-page opinion issued on 21 August, Chief U.S. District Judge Matthew Brann concluded that Habba’s continued service after her 120-day interim term lapsed violated the Federal Vacancies Reform Act. He said any official acts she has taken since that date may be deemed void, although he stayed the order to give the Justice Department time to appeal. Habba, a former personal lawyer to Trump, was installed in March through an interim appointment that bypassed Senate confirmation. When the statutory 120-day limit approached, the administration withdrew her stalled nomination, dismissed a court-appointed replacement and re-designated Habba as “acting” U.S. attorney through a series of personnel moves engineered by Attorney General Pam Bondi. Three criminal defendants challenged the maneuver, prompting Brann’s decision. The ruling disqualifies Habba from ongoing prosecutions and could spur similar challenges to other U.S. attorneys installed under comparable tactics. The Justice Department has indicated it will appeal to the Third Circuit; Brann’s stay means Habba may remain in place until higher courts decide the matter.