In a significant development for New Jersey's legal landscape, federal judges in the state have declined to appoint Alina Habba, a controversial nominee by former President Donald Trump, as the U.S. attorney. This decision represents a notable rebuke to one of the most divisive appointees from the Trump administration's Department of Justice. The announcement, made by a panel of U.S. district court judges, was delivered in a succinct order signed by Renée Marie Bumb, the chief federal judge for the District of New Jersey, without providing any reasoning for their choice.
With the judges’ decision, Desiree Leigh Grace, a seasoned prosecutor who had served as Habba’s first assistant U.S. attorney, will step into the role. This transition signifies an end to Habba’s contentious three-month tenure as New Jersey’s top federal prosecutor, during which time she opened investigations into high-profile state officials, including the Democratic governor and attorney general, and initiated felony assault charges against a Democratic congresswoman.
In light of this ruling, Trump has several options to potentially keep Habba in her position or to nominate another candidate to fill the role. The judges’ decision marks an unusual instance that reflects growing tensions between the Trump administration and the federal judiciary. A spokesperson for Habba did not respond to requests for comment, nor did representatives from the White House. Meanwhile, officials from the Justice Department quickly took to social media to affirm that Habba retained the president’s support. Attorney General Pam Bondi commended Habba for her “outstanding work” in New Jersey, indicating that she had made a positive impact within the Justice Department.
Bondi’s deputy, Todd Blanche, criticized the judges’ decision, suggesting it was an attempt to push Habba out before the end of her term. “Their rush reveals what this was always about: a left-wing agenda, not the rule of law,” he claimed. “When judges act like activists, they undermine confidence in our justice system.” Habba was appointed by Trump on March 24 to serve as New Jersey’s interim U.S. attorney and has since been nominated for the position on a permanent basis. However, the Senate has not yet addressed her nomination, with New Jersey’s senators, Cory Booker and Andy Kim, publicly announcing their opposition to her confirmation.
Habba's interim 120-day term was set to conclude this week, granting district court judges the authority to appoint a U.S. attorney to serve until the Senate confirms a nominee. Typically, judges tend to support the incumbent in such scenarios. However, the New Jersey judges’ decision to reject Habba is not without precedent. Just last week, judges from the Albany-based Northern District of New York declined to permanently appoint acting U.S. Attorney John A. Sarcone III following the expiration of his interim term, despite the Justice Department’s efforts to retain him through a special appointment.
Prior to her appointment in New Jersey, Habba was deeply involved in Trump’s legal affairs in New York, notably defending him in a defamation lawsuit filed by author E. Jean Carroll. Her performance during that trial drew criticism from a senior judge, who noted her lack of familiarity with court procedures. Habba’s brief tenure as interim U.S. attorney was similarly marked by controversy. Shortly after taking office, she publicly expressed her intention to “turn New Jersey red,” indicating her political ambitions.
In April, Habba announced the launch of an investigation into Democratic Governor Phil Murphy and Attorney General Matthew Platkin regarding a state directive that limited cooperation with federal immigration authorities. The following month, her office filed charges against Newark Mayor Ras Baraka and Congresswoman LaMonica McIver, stemming from a confrontation with immigration agents during a congressional oversight visit to a detention facility. While her office is pursuing felony assault charges against McIver, they abruptly dropped trespassing charges against Baraka, raising questions about the motivations behind their legal strategies.
The federal magistrate judge overseeing the case criticized Habba’s decision to drop charges against Baraka, emphasizing that her role should not be about securing convictions at all costs or advancing political agendas. “Your allegiance is to the impartial application of the law,” stated U.S. Magistrate Judge André M. Espinosa. As the situation develops, the implications of Habba’s rejection by the New Jersey judges and the broader tensions between the Trump administration and the judiciary are likely to remain a focal point in the political discourse.
