A federal judge on Thursday reportedly ruled that Alina Habba, the acting U.S. Attorney for New Jersey, lacks the legal authority to serve as the state’s top federal prosecutor — a decision that has quickly ignited partisan criticism and renewed debate over the Senate’s nomination process.
U.S. District Judge Matthew Brann, in a sharply worded opinion, declared that Habba’s appointment stemmed from what he called a “novel series of legal and personnel moves.”
He added: “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.”
The challenge to Habba’s authority emerged during a drug trafficking case, when defense lawyers argued her 120-day term as interim U.S. attorney had expired in July.
But the ruling also underscored the political fights surrounding federal appointments — and the role of Senate traditions that Republicans say have been manipulated by Democrats to block qualified nominees.
Appearing on Fox News’s Hannity, Habba criticized the obstruction she has faced from both Democrats and Republicans. “No. 1, I was the nominee to become the U.S. attorney. And [Democratic New Jersey Sens.] Cory Booker and Andy Kim — who I have never, to this day, spoken to in my life, despite my attempts to meet them — have truly, truly done us a disservice,” she said.
Habba also faulted Sen. Chuck Grassley (R-Iowa) for using the Senate Judiciary Committee’s “blue slip” tradition to prevent her nomination from reaching a full vote. “It’s not a law, and not allowing a lot of the president’s picks to go through and be voted on by Senate,” she said. “I didn’t even get to that point.”
The “blue slip” practice, which allows home-state senators to block judicial and prosecutorial nominees, has long been a source of frustration for Republican administrations.
In late July, former President Trump urged Grassley to eliminate the custom altogether, arguing Democrats have wielded it to obstruct “Great Republican candidates.” Grassley responded that he was “offended” and “disappointed” by Trump’s public criticism.
Habba, who previously represented Trump as a personal attorney, suggested the ruling reflected a broader pattern of judicial activism. “Fast-forward. It goes to the judges; 17 federal judges in the state of New Jersey, 15 of which are Obama and Biden-appointed, that just, like, frankly — [as] we saw with [New York Attorney General Letitia] James — try to use their seat for political motivation,” she said.
Attorney General Pam Bondi swiftly announced that the Justice Department would appeal Brann’s ruling, praising Habba for her record. “Alina has done incredible work in New Jersey — and we will protect her position from activist judicial attacks,” Bondi said on social media.
Habba called the decision “disturbing” but insisted she would not step back. “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, in any capacity,” she declared.
“You might try and change my title, you might try and fight me,” she added, pointing to Trump’s recent legal victories in New York, “but just like today with New York, we will win.”
[READ MORE: Pam Bondi Consolidates Power in DOJ Rift Over Epstein Case As Bongino Sidelined]
