Trump Makes Bold Move to Keep Alina Habba as U.S. Attorney Amidst Judicial Pushback
In a strategic and somewhat controversial move, President Donald Trump has utilized an appointment maneuver to keep Alina Habba serving as the acting U.S. Attorney for New Jersey, despite federal judges in the state—most appointed by Democratic presidents—choosing to install a different candidate in her stead.
Habba’s temporary 120-day appointment was scheduled to expire at midnight on Friday, which would have required her to step down. However, the judges recently appointed one of Habba’s assistants, Desiree Grace, to succeed her earlier this week. Despite this decision, the Senate had yet to take up Habba’s nomination for the permanent role.
On Thursday, Trump responded by withdrawing Habba’s nomination to become the permanent U.S. Attorney, according to a Justice Department official. Instead, he appointed Habba’s first assistant, effectively reinstating Habba as acting U.S. Attorney due to the vacancy in the post, as reported by The Hill. This move effectively bypasses the judicial decision, allowing Habba to remain in charge for the time being.
In a statement shared on the social media platform X, Habba asserted her resolve: “Donald J. Trump is the 47th President. Pam Bondi is the Attorney General. And I am now the Acting United States Attorney for the District of New Jersey. I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in.”
The standoff escalated after Attorney General Pam Bondi dismissed Desiree Grace following the judges’ appointment of her over Habba. Grace had previously declared her readiness to assume the U.S. Attorney position, writing on LinkedIn that she was honored by the appointment “on merit” and was prepared to serve “in accordance with the law.”
Grace emphasized her bipartisan experience: “I’ve served under both Republican and Democratic administrations. I’ve been promoted four times in the last five years by both — including four months ago by this administration. Politics never impacted my work at the Department. Priorities change, of course, and resources are shifted, but the work and the mission were steady.”
This is not the first time the Trump administration has skirted court rulings regarding appointments. Last week, judges from the U.S. District Court for the Northern District of New York declined to extend the interim term of John Sarcone III, Trump’s nominee for chief federal prosecutor in that district. To navigate around the ruling, Sarcone was designated a “special attorney” to Bondi, effectively granting him U.S. Attorney authority indefinitely, as noted by The Hill.
Adding further complexity, Fox News reported that Habba formally resigned her post on Thursday, which provided Trump the procedural opening to reappoint her as acting U.S. Attorney, a role that carries a 210-day limit.
Trump has also nominated Habba for the full four-year term as permanent U.S. Attorney, but her confirmation faces a significant hurdle. New Jersey’s two Democratic senators, Cory Booker and Andy Kim, are blocking her nomination through the Senate’s “blue slip” tradition, a procedural mechanism allowing home-state senators to halt judicial and certain executive appointments. Sources familiar with the nomination process indicate that the Trump administration has yet to submit formal documentation for Senate review.
Senator Booker publicly condemned the dismissal of Grace, accusing the Trump administration of legal violations. “The firing of a career public servant, lawfully appointed by the court, is another blatant attempt to intimidate anyone that doesn’t agree with them and undermine judicial independence,” Booker said via social media, as reported by Fox News. He added, “This Administration may not like the law, but they are not above it.”
Habba has made headlines for her prosecutorial actions as well. In May, she filed federal charges against New Jersey Democratic Representative Lamonica McIver for allegedly assaulting an Immigration and Customs Enforcement (ICE) agent at a local detention facility. If convicted, McIver faces several years in prison and a potential fine of up to $250,000.
In response to her indictment, McIver has launched a fundraising campaign, framing the charges as racially motivated and pledging to “fight back” against what she claims is a politically driven prosecution, according to Fox News.
This ongoing dispute over the New Jersey U.S. Attorney’s office highlights the growing tensions between the executive branch, the judiciary, and Senate Democrats, illustrating the complex and often contentious nature of federal appointments under the Trump administration.