Alina Habba Defies Judges' Ouster: 'Broken'

Newsweek

a day ago

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Alina Habba, former personal defense lawyer to President Donald Trump, is pushing back forcefully against efforts to remove her from her post as U.S. Attorney for New Jersey—vowing to fight what she describes as a politically motivated campaign to oust her.
"To put it in really simple terms, it's a complicated mechanism—what's happening—and it's, frankly, I think, a broken one," she said during an interview with political commentator Benny Johnson.
Why It Matters
It comes after a panel of federal judges in New Jersey declined to extend Habba's term as the state's interim top prosecutor.
Trump tapped Habba to serve as interim U.S. attorney in late March and nominated her on July 1 to be the U.S. attorney in a permanent capacity, which would have removed her interim status by the end of this week.
But a DOJ spokesperson told The New York Times on Thursday that the president has withdrawn her nomination, which will allow her to continue serving in a temporary capacity.
Alina Habba speaks before Republican presidential nominee former President Donald Trump at a campaign rally in Allentown, Pa., Tuesday, Oct. 29, 2024.
Alina Habba speaks before Republican presidential nominee former President Donald Trump at a campaign rally in Allentown, Pa., Tuesday, Oct. 29, 2024.
Matt Rourke/AP
What To Know
During the interview, Habba said the Senate's blue slip courtesy—a nonbinding tradition—is being used to block presidential appointments of U.S. attorneys, which she says effectively amounts to stalling or undermining the president's authority.
The blue slip tradition is a Senate custom that gives home-state senators significant influence over federal judicial and U.S. attorney nominations in their state. It allows a senator to approve or block a nominee by returning or withholding a blue-colored form, known as the "blue slip," to the Senate Judiciary Committee.
In Habba's case, both of New Jersey's Democratic senators, Cory Booker and Andy Kim, withheld their blue slips, signaling formal opposition and preventing her nomination from moving forward through the Senate Judiciary Committee.
Booker and Kim allege that she has pursued politically motivated prosecutions against Democratic lawmakers to serve Trump's agenda.
During Habba's tenure as interim U.S. Attorney for the District of New Jersey, Mayor Ras Baraka of Newark was charged with trespassing following a congressional visit to an immigration detention facility. The case was dropped days later, and a federal judge condemned the arrest as a "worrisome misstep," warning it should not be used as a political tool.
Meanwhile, Representative LaMonica McIver was charged with assaulting federal agents during the same protest. McIver and critics called the prosecution politically motivated, especially given her congressional oversight role. Legal experts observed the case appeared "spectacularly inappropriate," claiming Habba bypassed required DOJ supervisory approval for charges against elected officials.
Habba also launched investigations into Democratic Governor Phil Murphy and Attorney General Matt Platkin, focused on New Jersey's decision to limit cooperation with federal immigration enforcement—a move viewed by critics as aligned with Trump's political priorities.
But Habba said the decision to remove her from her post was an attempt to thwart President Trump's powers.
"What we're seeing is a systemic problem, where they are using the blue slip courtesy—it's not a law—as a mechanism to block the appointment of U.S. attorneys by the president, per the Department of Justice," Habba said.
"That puts those U.S. attorneys in a position where they're kind of stuck. You're in this freeze, and you can't get out. Then they'll run the clock on you, and basically, what ends up happening is they're attempting to thwart the president's powers.
"What we saw in my situation, the Senate minority leader sent direct instructions on Twitter telling the judges to vote and block me. Once it's out of Senate ownership, the judges can vote to keep you. I stepped down as interim and am now the acting attorney.. You have 120 days in the interim, I stepped down the day before."
Trump has the power to remove U.S. attorneys who have been appointed by judges.
A panel of federal judges in New Jersey ruled on Tuesday to replace Habba with her handpicked top deputy in the U.S. attorney's office, Desiree Leigh Grace, after her 120 day term was up.
Soon after the court's decision, the Justice Department, led by Attorney General Pam Bondi, fired Grace and accused the judges of political bias meant to curb the president's authority.
In response, Trump's team withdrew Habba's nomination for the permanent role—allowing her to resign as interim U.S. Attorney, then be appointed First Assistant U.S. Attorney, and automatically ascend to the role of acting U.S. Attorney under relevant vacancy laws, extending her tenure for another 210 days.
What People Are Saying
Harrison Fields, a White House spokesperson, previously told Newsweek in a statement: "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. 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."
What Happens Next
Habba will remain in her role as interim U.S. attorney in New Jersey for at least the next 210 days.