Summary
- Federal judges rejected Alina Habba to remain New Jersey’s permanent U.S. attorney after an interim term.
- Judges appointed Desiree Leigh Grace, Habba's first assistant, as replacement.
- Habba, a former Trump personal lawyer, faced Senate opposition and accusations of partisanship.
- The Trump administration defends Habba and criticizes judges for political bias.
- Legal dispute highlights separation of powers and DOJ’s political influence concerns.
Using obscure legislation, federal courts rejected the Trump administration's request to retain the longtime personal lawyer of President Donald Trump as New Jersey's top federal prosecutor.
According to a court order published on the judiciary's website, judges in New Jersey district court decided to appoint prosecutor Desiree Leigh Grace in lieu of interim U.S. Attorney Alina Habba when her 120-day interim term ends as Jerome Powell resigns .
There is uncertainty regarding the change's effective date; the court has suggested that Grace's appointment start today, but it has left open the possibility that it would start on a different day.
Habba, Trump's personal lawyer and the president's counselor, was appointed by Trump to be New Jersey's top federal prosecutor, a role she took on temporarily in March.
Given that the Trump administration pushed judges to give Habba the permanent position, the decision to remove her before her 120-day tenure expires sets up a possible confrontation between the White House and the judiciary. It's unclear if Trump intends to fire Grace, but federal law permits the White House to fire U.S. attorneys.
“President Trump has full confidence in Alina Habba, whose work as acting U.S. Attorney for the District of New Jersey has made the Garden State and the nation safer,”
White House spokesperson Harrison Fields said in a statement.
“The Trump Administration looks forward to her final confirmation in the U.S. Senate and will work tirelessly to ensure the people of New Jersey are well represented.”
Grace has a Republican registration.
Grace was congratulated by Sen. Cory Booker (D-N.J.), who has been critical of Habba. Sen. Andy Kim, a fellow Democrat from New Jersey, expressed his gratitude for Grace's appointment.
The dispute over Habba's destiny touches on more profound topics, such as the division of powers and the objectives of the Department of Justice. While her supporters accuse the judges of being biased against her, Habba has been accused of politicized prosecutions.
On Tuesday afternoon, several members of the Trump administration hurried to Habba's support. Habba "is doing outstanding work in New Jersey" and makes the Justice Department proud, according to Attorney General Pam Bondi's social media posts.
Todd Blanche, a deputy attorney general who also served as personal attorney to Trump, accused judges of trying to “force out” Habba before Friday. It appears some are counting from March 24 when she was appointed and others the March 28 date when she was sworn in.
“Their rush reveals what this was always about: a left-wing agenda, not the rule of law,”
he said on social media.
“When judges act like activists, they undermine confidence in our justice.”
He was talking about the peculiar procedure that took place this week. Due to a provision pertaining to the appointment of U.S. Attorneys, district court judges have the authority to choose the candidate for an executive branch position. Despite occasional disruptions throughout the decades, the legislation was reinstated by Congress in response to claims that nine U.S. attorneys were fired for political reasons by President George W. Bush's administration.
Due to a law that has been in place for decades, with occasional hiccups, district court judges have the authority to decide who gets appointed to an executive branch position through an unusual process that took place this week. Following allegations that the Bush administration had removed nine U.S. attorneys for political purposes, Congress reinstated it.
Democratic presidents appointed the majority of New Jersey's district court judges.
Since that officer can become acting U.S. attorney in the event of a vacancy, the Trump administration might countermove to remove Grace and even attempt to rehire Habba by designating her as the first assistant U.S. attorney.
Trump
“would be well within his constitutional authority to take swift action to regain control of this important US Attorneys office for the Executive Branch he heads,”
according to a post by Trump-aligned attorney James Burnham.
Democratic senators are criticizing Habba during the nomination process. Sen. Cory Booker (D-N.J.) has previously stated that he believes Habba is a "partisan warrior" and wants the White House to choose someone else.
Booker's annoyance with Habba includes the charges Habba brought against Rep. LaMonica McIver (D-N.J.) after a melee outside a federal immigration detention center, as well as the arrest and brief prosecution of Newark Mayor Ras Baraka. A federal magistrate court chastised her agency in May for making a "hurried arrest" and quickly dropping a trespassing charge against Baraka, calling it a "worrisome misstep."
According to reports, Habba's office has subpoenaed New Jersey Governor Phil Murphy in response to the Democrat's remark that he may house a migrant above his garage.
“Hopefully, while I’m there, I can help that cause,”
she said at the time.
What are the implications of judges bypassing Habba for political independence in legal appointments?
By refusing to extend Habba’s term—despite her appointment by President Trump and opposition from senators—the judges asserted the judiciary’s role in safeguarding prosecutorial independence and preventing politically motivated uses of prosecutorial power.
This reflects the judiciary acting as a counterbalance against executive and political influence in key legal positions.
Habba lacked prior prosecutorial experience and was closely identified with partisan legal advocacy for Trump, raising concerns about her qualifications and impartiality. The court’s intervention aligns with international and domestic standards emphasizing that appointments should be based on merit and professionalism, not political loyalty, to maintain public confidence in the justice system.