A US federal judge has ruled that Alina Habba, former personal lawyer to Donald Trump, has been unlawfully serving as the acting US attorney for New Jersey. Chief US District Judge Matthew Brann found that Habba’s interim period expired in July and the Trump administration’s attempt to keep Habba in office through “a novel series of legal and personnel moves” violated federal law requiring Senate confirmation for such appointments.

He said her actions since July “may be declared void” but temporarily delayed the enforcement of the ruling pending an appeal.

The decision stems from challenges by New Jersey defendants who argued Habba lacked legal authority to prosecute them after her 120-day interim term ended.

Habba, nominated in March and known for her outspoken political remarks, faced opposition from state Democratic senators, stalling her formal confirmation.

Federal judges had sought to replace her with a career prosecutor, but the Trump administration intervened, reinstating Habba despite Senate resistance. Brann warned that such manoeuvres, if unchecked, could allow presidents to bypass Senate oversight entirely.

The Justice Department said it intends to appeal, while the ruling raises broader questions about similar appointments made during Trump’s tenure.

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