Just days after a federal judge ruled that Alina Habba has unlawfully served as acting U.S. attorney for New Jersey, the federal government has formally appealed the decision.
The filing means the case will now head to the 3rd U.S. Circuit Court of Appeals.
Habba has not gone quietly, though. She appeared on Fox News over the weekend to talk about the process used by the U.S. Senate to approve judicial nominations.
A tradition known as “blue slips” makes it possible for senators to block judicial and U.S. attorney nominees in their home states from advancing.
She took aim at the two New Jersey senators, Cory Booker and Andy Kim, both of whom have criticized Habba’s nomination.
“Senator Booker and Senator Kim had absolutely every right to vote no for me for the U.S. attorney position, but I had the right as the nominee to get in front of the Senate and to be voted on, to be vetted. I never even got there. Of course not. I was, according to them, unqualified,” Habba said. “Look at Rep. Hakeem Jeffries’ tweet. Because I arrested a congresswoman for a charge of assaulting a police officer. And you know what? I stand by my work as the U.S. attorney, and I won’t be intimidated by this type of political rhetoric.”
The arrest Habba cited is that of Rep. LaMonica McIver in relation to the incident at Delaney Hall in Newark in May. McIver, along with Reps. Bonnie Watson Coleman and Rob Menendez, visited to inspect the Immigration and Customs Enforcement detainments happening at the site.
U.S. District Judge Matthew Brann issued his decision Aug. 21, less than a week after a four-hour hearing in his Williamsport, Pennsylvania, courtroom.
Stile: Alina Habba isn't enforcing the law. She's Trump's political weapon
Brann moved quickly because of the disruptions the situation has caused to the federal court system in New Jersey.
The decision came after weeks of uncertainty related to Habba’s post. While a debate played out over social media about the validity of her appointment, defendants in New Jersey's court argued that it was in violation of the law. That led to Habba’s day in Brann’s court.
"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 wrote in his 77-page decision. "Her actions since that point may be declared void."
Habba must be disqualified from participating in any ongoing cases, the judge said, because she is not currently qualified to exercise the functions and duties of the office in any acting capacity.
During the hearing on Aug. 15, Brann was under no illusions that his decision would be the final ruling in the matter and said his exhaustive questioning would help "tee up" the case for a likely appeal before U.S. 3rd Circuit Court of Appeals judges.
Last month, when Habba's 120-day appointment as interim U.S. attorney was set to expire, the state's U.S. District Court judges opted to appoint someone else to the post instead of extending Habba's tenure.
Brann further said Habba was not lawfully acting as the United States attorney "in any capacity" from July 1 until at least July 24. Termination of an appointment before the 120-day deadline does not allow another 120-day term, he said.
Desiree Leigh Grace, the first assistant U.S. attorney for New Jersey, was chosen by the state’s judges to replace Habba. After that decision was made public, top officials at the Justice Department, including Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, posted on social media that Grace had been removed.
They alleged that the decision of the judges would "threaten" and "undermine" the president. The Trump administration implemented a workaround as the Justice Department changed her status from interim to acting to allow Habba to continue leading the office for the next 210 days.
This article originally appeared on NorthJersey.com: Trump appeals ruling that Alina Habba can't remain NJ U.S. attorney
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