The Department of Justice made headlines on Tuesday as it swiftly fired the newly appointed U.S. attorney in New Jersey, Alina Habba, following a decision by federal judges in the state not to extend her interim appointment. Attorney General Pam Bondi announced the change, which comes as the district court opted to promote Desiree Leigh Grace, the first assistant U.S. attorney, to take over Habba's position. This rapid shake-up has caused significant confusion regarding the leadership of the top federal prosecutor's office in New Jersey.
In a statement on X, Attorney General Bondi expressed her discontent with the situation, stating, “Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant. Accordingly, the First Assistant United States Attorney in New Jersey has just been removed. This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.” The controversy surrounding Habba's firing raises questions about the integrity of the judicial process in New Jersey.
Adding to the uncertainty, there is ongoing confusion about the expiration date of Habba's appointment. According to the order signed by Chief Judge Renée Marie Bumb, Grace’s appointment is set to be effective “July 22, 2025, or ‘upon the expiration of 120 days after appointment by the Attorney General’ of the Interim U.S. Attorney Alina Habba, whichever is later.” President Donald Trump originally appointed Habba on March 24, and she was sworn in on March 28. However, department officials argue that her term is not due to conclude until Friday, raising the possibility of legal challenges.
Under federal law, interim U.S. attorneys can only serve for a maximum of 120 days unless confirmed by the U.S. Senate or indefinitely extended by the district court in their jurisdiction. Habba, who has a notable background as a spokesperson for the Trump campaign and as a personal attorney for Trump, represented him during his civil fraud trial and served as counselor to the president before being nominated for the U.S. attorney role. Her nomination is still pending a vote from the Senate Judiciary Committee.
Trump formally nominated Habba for a four-year term on July 1, but her confirmation awaits action from the Senate Judiciary Committee. The president and his legal team have been exploring various options for reappointing nominees who have faced rejection from the courts. However, it remains uncertain whether Habba would accept a reappointment in this case, according to sources familiar with the situation.
Deputy Attorney General Todd Blanche voiced his concerns on X, stating, “The district court judges in NJ are trying to force out @USAttyHabba before her term expires at 11:59 p.m. Friday.” He continued, “Their rush reveals what this was always about: a left-wing agenda, not the rule of law. When judges act like activists, they undermine confidence in our justice system. Alina is President Trump’s choice to lead—and no partisan bench can override that.”
Habba's situation is not unique; she is the second U.S. attorney nominee from Trump to encounter significant roadblocks from both the district court and the Senate Judiciary Committee. Earlier this year, the Senate Judiciary Committee declined to confirm Trump's controversial pick, Ed Martin, to lead the D.C. U.S. attorney’s office. It is increasingly rare for multiple candidates to fail to garner support from both the district court and the Senate Judiciary Committee.
This developing story will continue to evolve as additional information emerges about the leadership changes within the U.S. Attorney's office in New Jersey and the implications for the broader judicial landscape.
