A federal judge on Thursday found Alina Habba has been serving without legal authority as acting U.S. attorney for New Jersey for nearly two months.
"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," Judge Matthew Brann wrote in the order, noting that she's been serving in the position without legal authority since July 1.
Habba, Trump's former personal defense lawyer, had been serving as interim U.S. attorney, but when her term expired last month, Trump and Attorney General Pam Bondi used loopholes in federal vacancy laws to install her as "acting" rather than "interim" U.S. attorney.
One of the defendants in the district, Julien Giraud, alleged that the moves violated his constitutional rights because of the string of unconventional actions it took to attempt to keep Habba in the role.
Brann, an Obama appointee serving in the Middle District of Pennsylvania, agreed and found Habba could not prosecute Giraud or another defendant who challenged Habba's position. The judges said the criminal cases could proceed in the court district, just not under Habba's purview.
Brann is presiding over the matter after the chief judge of the Third Circuit Court of Appeals, which covers New Jersey and Pennsylvania, decided the case presented too much of a conflict for New Jersey's federal judges. (Fox News)
Last month, New Jersey judges declined to extend Habba’s term and appointed Desiree Grace in her place, but Attorney General Pam Bondi immediately fired her.
On Thursday, Bondi again came to Habba's defense, and said the Justice Department "will immediately appeal."
Habba "is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks," Bondi added.
