In a landmark decision, Judge Matthew Brann declared that Alina Habba, former personal attorney to Donald Trump, is illegally serving as the U.S. Attorney for New Jersey, as ABC News reports.

A panel's decision places into question Trump's habit of installing allies in prime judicial positions without due confirmation.

Judge Brann, from the Middle District of Pennsylvania, issued a 77-page order on Thursday.

He determined that Habba had been without lawful authority in her role since July 1, directing major attention toward the tactics of the Trump administration regarding judicial appointments.

Legal challenge prompts judicial review

The trigger for this judicial review came from a legal challenge by three criminal defendants. They questioned the legality of Habba’s appointment in an effort to affect the management of their cases.

However, despite finding her role unlawful, Judge Brann permitted the progression of the cases she was involved in, but barred her from continuing to handle these or any new ones within the district.

Habba's stint began when Trump appointed her as the interim U.S. Attorney for New Jersey, starting in March 2025.

Complex appointment process leads to uncertainty

Habba's initial term was meant to last for only 120 days, a period after which a permanent replacement typically would have been confirmed by the Senate. Instead, a bizarre series of events unfolded.

Following the non-confirmation of Habba, judges appointed Desiree Leigh Grace as the legitimate successor. However, within hours of this appointment, the Justice Department controversially dismissed Grace.

This led the White House to withdraw Habba’s nomination, yet she continued to serve, maneuvering into continuance of her role through a patchwork of legal and procedural strategies.

Judge Brann's ruling and anticipated implications

Judge Brann criticized these maneuvers as a "novel series of legal and personnel moves" designed to maintain Habba's authority in the position.

"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," Brann articulated, highlighting the unprecedented nature of the case.

"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," Brann further stated in his ruling.

Next Steps: DOJ appeal expected

The Justice Department, pushing back against the court’s decree, has signaled its intention to appeal Brann’s ruling.

This response suggests an impending legal battle over the validity of Trump-era judicial appointments.

Meanwhile, the judge put a temporary hold on the effects of his decision, pending the outcome of the appeal.

This stay means Habba can still hold the official title, though with limited judicial power.

The implications of Brann's decision are profound, impacting the operations of the U.S. Attorney's office in New Jersey and potentially influencing similar cases nationwide concerning the limits of executive appointments.