The Trump admin has a bone to pick with the courts. Now that fight is only going to get worse.
Because a federal judge has declared war on Trump’s personal advisor with an unexpected ruling.
Trump’s Attorney Alina Habba Targeted by Activist Judge in New Jersey Ruling
A federal judge has ruled that Alina Habba, Trump’s handpicked U.S. Attorney for New Jersey, has been unlawfully serving in her role since her interim term expired. The decision, handed down on Thursday, August 21, 2025, by U.S. District Judge Matthew Brann, reeks of judicial overreach and political bias, as it seeks to undermine the will of a duly elected president fighting to clean up a corrupt system.
“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 wrote in a 77-page ruling. This declaration comes as no surprise from a judge appointed by Barack Obama, whose tenure on the bench has often aligned with the left’s agenda to obstruct Trump’s America First policies.
Alina Habba, a fierce and loyal defender of President Trump, was appointed interim U.S. Attorney for New Jersey in March 2025. Her appointment was a move by Trump to place a trusted ally in a critical position to tackle crime and corruption in a state long plagued by Democratic mismanagement. Habba, known for her unapologetic stance and legal acumen, quickly became a target for the establishment, which has relentlessly sought to derail Trump’s agenda since his triumphant return to the White House.
The controversy stems from the expiration of Habba’s 120-day interim term, a period mandated by federal law for temporary appointments. When the Senate, bogged down by partisan gridlock led by New Jersey’s Democratic Senators Cory Booker and Andy Kim, failed to confirm her, the Trump administration took decisive action to keep her in place. The Justice Department, under Attorney General Pam Bondi, employed creative legal maneuvers to extend Habba’s tenure, including firing her court-appointed replacement, Desiree Leigh Grace, and reappointing Habba as acting U.S. Attorney.
New Jersey’s 17 U.S. District Court judges chose to replace Habba as the interim attorney last month after the term expired without her confirmation, but the Trump administration used unconventional tactics to keep her in the role by firing her replacement. This move by the judiciary, which claims authority to appoint U.S. Attorneys when Senate confirmation stalls, was a direct challenge to Trump’s constitutional powers. The firing of Grace, a career prosecutor with no proven loyalty to Trump’s vision, was a necessary step to maintain control over an office critical to enforcing federal law.
Judge Brann, in his ruling, determined that those tactics were not “lawful,” but placed his ruling on hold pending an appeal. This pause offers a glimmer of hope that higher courts, potentially less tainted by partisan bias, will recognize the president’s authority to appoint trusted officials to carry out his mandate. Brann’s decision, if upheld, could set a dangerous precedent, allowing activist judges to dictate who leads federal offices, effectively neutering the executive branch.
The ruling originated from challenges by two New Jersey defendants facing federal drug-trafficking charges, who argued that Habba lacked the legal authority to prosecute them after her interim term expired. Brann’s decision to disqualify Habba from participating in these cases, while not dismissing the charges outright, casts a shadow over her ability to lead the U.S. Attorney’s Office. This legal maneuver smells like a coordinated effort by defense attorneys and their allies in the judiciary to exploit technicalities and weaken Trump’s law enforcement agenda.
Habba’s tenure has been marked by actions that have rattled the establishment. She made headlines by charging Newark’s Democratic Mayor Ras Baraka with trespassing at a federal immigration detention facility, a move that, while later dropped, sent a clear message that no one is above the law. She also pursued charges against Representative LaMonica McIver, a rare federal case against a sitting congresswoman, further demonstrating her commitment to rooting out corruption regardless of political affiliation.
The left’s outrage over Habba’s appointment is no secret. Senators Booker and Kim, both vocal critics of Trump, have stonewalled her confirmation, citing her supposed “partisan prosecutions.” Their opposition is nothing more than a thinly veiled attempt to protect their political allies in New Jersey, a state notorious for its entrenched Democratic machine. By blocking Habba, they aim to shield their cronies from accountability while painting her as unqualified—a laughable claim given her proven track record as Trump’s legal counsel.
Attorney General Pam Bondi has vowed to appeal Brann’s ruling, declaring on X, “We will immediately appeal. @USAttyHabba is doing incredible work in New Jersey — and we will protect her position from activist judicial attacks.” Bondi’s defiance reflects the Trump administration’s refusal to bow to judicial overreach. The appeal will likely escalate to the Third Circuit Court of Appeals, where the battle over executive authority versus judicial power will come to a head.
Brann’s decision is part of a pattern of judicial resistance to Trump’s agenda. Across the country, federal judges have challenged the administration’s efforts to install loyal prosecutors in blue states like California and New York, where Senate confirmation remains elusive. These judges, many appointed by Democratic presidents, are leveraging obscure legal provisions to assert control over appointments, undermining the president’s constitutional prerogative to shape his administration.
The stakes in this fight extend far beyond New Jersey. If Brann’s ruling stands, it could cripple the ability of future presidents to appoint acting officials during Senate delays, a common occurrence in today’s polarized political climate. Legal scholars like Anne Joseph O’Connell have warned that such a precedent could grind federal agencies to a halt, as the Senate’s confirmation process has become a tool for obstruction by partisan lawmakers.
Habba herself has remained defiant, taking to Fox News to slam “rogue judges” and Senate Democrats for their attempts to oust her. “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. Her resolve is a rallying cry for Trump supporters who see her as a warrior against the deep state’s relentless attacks.
The ruling also raises questions about the future of prosecutions in New Jersey. With Habba’s authority in limbo, ongoing cases could face delays or challenges, potentially allowing criminals to exploit the chaos. This is precisely what the left wants—a weakened justice system that lets their allies off the hook while hindering Trump’s efforts to make America safe again.
