In an editorial, Knitty Gritty JC member Gerald Miller gives his two cents on why Alina Habba should be removed as acting U.S. attorney for New Jersey.
On May 9, Congresswoman LaMonica McIver and other lawmakers visited the Delaney Hall immigration detention facility in Newark.
As a Congresswoman whose district includes part of Jersey City, she was exercising her right to view the facility.
That day, Newark Mayor Ras Baraka was arrested for unauthorized entry in connection with a protest at the facility.
Interim U.S. Attorney for the District of New Jersey Alina Habba charged McIver with assaulting and impeding law enforcement in connection with the incident.
The charges against Ras Baraka have been dismissed. However, Congresswoman McIver has been indicted.
She has pleaded not guilty, asserting that the charges are politically motivated and aim to deter legislative oversight. She has publicly stated that she was simply doing her job.
Alina Habba, who has pursued politically motivated charges against Jersey City Congresswoman McIver, should be removed as Acting U.S. Attorney for New Jersey.
She lacks competence for the position and has engaged in unethical conduct. President Donald Trump appointed Habba interim U.S. Attorney for the District of New Jersey last March. The term, which lasted for 120 days, has since expired.
The federal district court for New Jersey declined to keep Habba in the role of U.S. attorney and instead exercised its statutory authority, installing Desiree Leigh Grace instead.
Alina Habba was unlikely to be confirmed by the Senate as the U.S. Attorney for New Jersey because of the disapproval of Senators Booker and Kim. Her nomination for this position was then withdrawn.
Circumventing the Senate’s authority to confirm appointments, the United States Attorney General on July 22, 2025 announced that Ms. Grace was fired and Alina Habba was appointed acting U.S. Attorney for New Jersey.
This appointment is for a maximum of 120 days.
42 members of the Seton Hall Law School and Rutgers Law School faculties submitted a letter contending that Ms. Habba is not qualified to be U.S. Attorney.
She not only lacks any discernible criminal law experience, but her limited civil experience reveals a lack of competence and judgment, they charge.
They note that a U.S. District Court Judge sanctioned her for filing a frivolous partisan lawsuit, which the judge describes as “political grievances masquerading as legal claims” that “[n]o reasonable lawyer would have filed.”
Another federal judge repeatedly chastised Ms. Habba for her ignorance of courtroom rules and procedure, and for misstating the law.
Like any large state, New Jersey faces legitimate law enforcement challenges, and Ms. Habba lacks the qualifications to lead the effort to address those challenges, they argue.
As interim U.S attorney, Alina Habba demonstrated her incompetence. Within days of assuming her role, Habba displayed her agenda as a Trump loyalist.
She said she would investigate Governor Phil Murphy state Attorney General Matt Platkin concerning the state’s immigration directive limiting law enforcement’s cooperation in civil immigration investigations.
On a conservative podcast, Ms. Habba stated that she hopes to “turn New Jersey red.”
In connection with the handling of the arrest and dismissal of charges against Newark Baraka, a judge scolded prosecutors from Habba’s office, warning them that such arrests should not be used to “satisfy public clamor, nor to advance political agendas.”
As a consequence of the charges brought against Mayor Baraka and Rep. McIver, and the announced investigations into Governor Murphy and Attorney General Platkin, an ethics complaint has been filed against Ms. Habba.
The complaint alleges her conduct violates multiple Rules of Professional Conduct.
As Senators Corey Booker and Andy Kim have stated:” In her short tenure as interim US Attorney, Alina Habba has degraded the office and pursued frivolous and politically motivated prosecutions. It’s clear that Alina Habba does not meet the standard to serve the people of New Jersey.”
The people of New Jersey deserve better than Alina Habba who pursues a political agenda against our congresswoman rather than ensuring fairness and upholding the law.
Gerald Miller is a retired attorney and a member of Knitty-Gritty JC, a local prodemocracy group.
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