President Trump’s former personal lawyer, Alina Habba, has been illegally serving as the top federal prosecutor in New Jersey for more than a month, a federal judge ruled Thursday. 

“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,” Scranton, Pa. US District Judge Matthew Brann wrote in a 77-page opinion. 

Brann, an appointee of former President Barack Obama, ruled in favor of defendants – two alleged drug traffickers and a man accused of committing a multi-million dollar investment fraud scheme – who sought to disqualify Habba from prosecuting their cases.  

The defendants’ attorneys argued Habba lost her authority after her 120-day term as interim US attorney expired last month.

Brann denied a bid from the alleged fraudster to throw out his July 7 indictment, but he voided Habba’s signature on the charging documents. 

The judge said his order would be put on hold pending an expected appeal by the Trump administration.

“After reviewing several issues of first impression, the Court concludes that 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,” the judge wrote. 

“Her actions since that point may be declared void.” 

Habba was tapped for the temporary role by Trump in March – pending permanent approval – and had 120 days to serve as New Jersey’s US attorney in an interim capacity. 

The Garden State’s 17 federal judges — mainly appointed by Presidents Barack Obama and Joe Biden — opted against extending Habba’s tenure last month and announced the appointment of First Assistant US Attorney in New Jersey Desiree Leigh Grace to lead the office. 

Grace was subsequently fired by Attorney General Pam Bondi, who said the DOJ would “not tolerate rogue judges.” 

In response to the judicial panel’s rejection of Habba, Trump withdrew her nomination to be the state’s US attorney and she was appointed first assistant US attorney, replacing Grace and allowing her to become acting US attorney of New Jersey. 

The first assistant attorney becomes acting US attorney if the position is vacant. 

Habba had been blocked from receiving a Senate confirmation hearing by New Jersey’s two US senators, both Democrats – leaving an extension of her interim status by the state judges or the DOJ workaround as the only options for her to remain in post. 

In his opinion. Brann criticized the Trump administration’s maneuvers to keep Habba in the role.

“Taken to the extreme, the President could use this method to staff the United States Attorney’s office with individuals of his personal choice for an entire term without seeking the Senate’s advice and consent,” he wrote.

The New Jersey US Attorney’s Office and Justice Department did not immediately respond to The Post’s requests for comment.