A panel of federal judges in New Jersey has made a significant decision regarding the state’s U.S. attorney position. On Tuesday, they rejected Alina Habba’s request to continue in her role and instead utilized a rarely invoked power to appoint their own candidate as the state’s chief federal prosecutor. The judges announced the appointment of Desiree Leigh Grace, a seasoned prosecutor whom Ms. Habba had previously named as her first assistant shortly after her interim appointment in March.
The judges' order, signed by Chief Judge Renée Marie Bumb, indicates that the appointment of Ms. Grace takes effect immediately or upon the conclusion of Ms. Habba’s 120-day term, which has led to some confusion regarding its exact expiration date. President Trump appointed Ms. Habba on March 24, stating her role was “effective immediately,” which implied that her term would end on Tuesday. However, Ms. Habba was formally sworn in at the White House four days later, which could mean she still has a few days left in her position.
In a social media statement, Deputy Attorney General Todd Blanche suggested that the district court judges were attempting to remove Ms. Habba “before her term expires at 11:59 p.m. Friday.” This remark seemed to overlook the judges' expressed uncertainty regarding the end date of Ms. Habba’s term. Mr. Blanche accused the judges of pursuing “a left-wing agenda,” asserting that when judges behave like activists, they erode public trust in the justice system.
Judge Bumb, nominated by former President George W. Bush in 2006, is a Republican appointee. As the president has taken unprecedented control over the Justice Department, it remains to be seen whether he will act to remove Ms. Grace from her newly appointed position. The White House has not yet responded to requests for comments regarding this significant development.
This recent incident in New Jersey mirrors a similar situation that unfolded last week in Albany, New York. In that case, federal judges declined to extend the temporary appointment of John A. Sarcone III, another of Trump’s appointees. Subsequently, the Justice Department elevated him to "special attorney" to Pam Bondi, the attorney general, granting him U.S. attorney powers indefinitely, as per a letter obtained by The New York Times.
Ms. Habba, who previously served as Trump’s personal lawyer, lacked any prosecutorial experience or background in criminal law before her appointment. Earlier this month, Trump nominated her for a permanent position as U.S. attorney, but her confirmation has encountered challenges in the Senate. New Jersey’s two Democratic senators have criticized her for pursuing “frivolous and politically motivated prosecutions” and claimed she does not meet the necessary qualifications for the role.
Throughout her brief tenure, Ms. Habba has come under scrutiny for her actions. Just a few months into her role, she charged Newark Mayor Ras J. Baraka and Representative LaMonica McIver, both Democrats, following a confrontation with federal immigration agents outside a detention center. Shortly after, she sought to drop the trespassing charge against Mr. Baraka, a move that drew public criticism from a federal judge regarding the decision-making processes in her office. In response, Mr. Baraka is now suing Ms. Habba for malicious prosecution.
Additionally, Ms. Habba has directed investigations into New Jersey’s Democratic Governor Philip D. Murphy and Attorney General Matthew J. Platkin over policies concerning local police cooperation with federal immigration authorities. This type of politically charged action has raised eyebrows, particularly given the traditionally nonpartisan nature of the U.S. attorney's office.
Historically, it is not unusual for district court judges to appoint interim U.S. attorneys as permanent replacements. For instance, during Trump’s first term, New Jersey judges appointed Craig Carpenito as the state’s top federal prosecutor. Similarly, the Southern District of New York appointed Geoffrey S. Berman unanimously in 2018, although he was later dismissed by Trump for refusing to resign.
However, it is considerably less common for federal judges to independently select a candidate, even though federal statutes allow for this. This situation is noteworthy, particularly considering Trump’s strong influence over the Justice Department and his demand for loyalty among high-ranking law enforcement officials. Nonetheless, Ms. Grace will ultimately answer to senior Justice officials in Washington, navigating a complex political landscape.
