A Barack Obama-appointed judge in Pennsylvania ruled Thursday that President Donald Trump’s former lawyer, Alina Habba, has been unlawfully serving as the top federal prosecutor in New Jersey since July 1. This calls into question all actions by that office after that date.

Chief U.S. District Judge Matthew Brann ruled that, despite the “novel series of legal and personnel moves,” Habba’s term as the interim U.S. Attorney ended no later than July 28. 

To fully understand the story, let’s look at the timeline.

It all started with a small-time drug dealer contesting a three-count drug and weapons indictment.

The Biden-appointed United States Attorney for the District of New Jersey, Philip R. Sellinger, resigned effective midnight on January 8, as a new administration was taking office. His First Assistant United States Attorney, Vikas Khanna,  became Acting United States Attorney and continued in that role until March 8, when John Giordano was appointed as Interim United States Attorney. He held the position until March 24, when President Trump used his Truth Social account to announce he had selected Alina Habba to be the Interim U.S. Attorney.

Pam Bondi swore in Habba on March 28. The term “Interim” is more than a descriptor. Under federal law, an “interim” official can only serve for a maximum of 120 days.

Interim appointments under section 546 are time limited. The statute provides that “[a] person appointed as United States attorney under this section may serve until the earlier of” the Senate’s confirmation of the President’s nominee to the full position, or “the expiration of 120 days after appointment by the Attorney General under this section.”11 For Ms. Habba, that meant that her term ended, at the latest, on Saturday, July 26, 2025.

President Trump did not nominate Habba until June 30, giving the Senate a maximum of 26 days to act—fat chance.

On July 22, the federal judges in the “District of New Jersey invoked their statutory power to appoint a United States Attorney upon the expiration of an Interim United States Attorney’s 120-day term pursuant to section 546(d).” Then the script descended into chaos.