Trump stands by Alina Habba as DOJ clashes with judges over her replacement

Fox News

2 days ago

President Donald Trump is doubling down on his nomination of Alina Habba after federal judges in New Jersey declined to extend her term as interim U.S. attorney, and instead chose to replace her with a different prosecutor, whom the DOJ subsequently fired.
The unusual chain of events has led to confusion over who will become the next interim U.S. attorney in the District of New Jersey, as Habba's 120-day term is set to expire this week.
A White House spokesman said in a statement provided to Fox News Digital that Trump supports Habba becoming the permanent U.S. attorney, a position that requires Senate confirmation.
"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," White House spokesman Harrison Fields said. "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."
But Habba's vote in the Senate does not appear to be happening anytime soon, if at all. New Jersey's two Democratic senators, Cory Booker and Andy Kim, are currently blocking Habba's nomination through the Senate's "blue slip" tradition, and a person familiar with the process said the Senate has not received materials needed to vet her nomination in any case.
In the meantime, arcane laws surrounding the authority to fill federal vacancies have become pertinent.
Trump appointed Habba as the temporary U.S. attorney in March, but that term expires on Friday, according to the Department of Justice. Statutes indicate that federal judges have the authority to extend an interim U.S. attorney's term or vote on replacing that person.
The district court judges of New Jersey, most of whom were appointed by Democratic presidents, convened behind closed doors on Monday and chose to replace Habba with her top assistant, Desiree Grace, a career DOJ prosecutor since 2016. Grace rose through the ranks to become head of the criminal division in New Jersey before becoming Habba's No. 2 in April.
However, Attorney General Pam Bondi alleged that the judges infringed on Trump's authority to appoint U.S. attorneys by voting to replace Habba. Bondi said she "removed" Grace in response to the judges' actions.
"[Habba] has been doing a great job in making NJ safe again," Bondi said in a statement. "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."
Grace could not be reached for comment. An anonymous source with knowledge of the matter told the New York Times that Grace received an email Tuesday informing her that she was fired.
A Habba spokeswoman told Fox News Digital that Habba is still the interim U.S. attorney through Friday. But the tension between the DOJ and the judges leaves open the question of who will assume the role come Saturday.
Booker said that firing a court-appointed U.S. attorney was part of a "pattern" of the DOJ flouting the law.
"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 wrote on X.
Booker is among the critics who have deemed Habba unqualified for the job. Habba, who served as Trump's legal spokeswoman and personal defense lawyer during his criminal prosecutions, had no experience as a prosecutor before Trump appointed her as lead prosecutor in New Jersey.
Upon taking the job, Habba was accused of politicizing the role after she advocated turning New Jersey "red," and she drew a rare rebuke from a judge for ordering Newark's Democratic mayor arrested and then quickly dismissing the charges.
But Trump and DOJ leadership are standing firmly by Habba. The Trump administration found a workaround in the Northern District of New York when John Sarcone's term as U.S. attorney recently expired there, but it is unclear if a similar option is available for Habba.
Anne Joseph O'Connell, a Stanford Law School professor, wrote on Bluesky that she believed Trump had the authority to fire Grace and possibly re-appoint Habba to serve out another temporary term.
"The question now is, will they name Habba to a new 120-day interim US attorney appointment or will they turn to the Vacancies Act and name a different person as acting U.S. attorney," O'Connell wrote.