Latest news with #USAttorney
Fox News
2 hours ago
- Politics
- Fox News
Trump stands by Alina Habba as DOJ clashes with judges over her replacement
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.
CNN
13 hours ago
- Politics
- CNN
Judges' pick to be new US attorney in NJ vows to take office despite being fired by Justice Department
Federal agencies FacebookTweetLink A possible standoff is brewing over who will replace Alina Habba as US attorney in New Jersey with her interim appointment set to expire Friday. Desiree Leigh Grace, a top prosecutor fired by the Justice Department Tuesday after she was tapped by the federal judges in the state to replace Habba, is vowing to take over the job 'in accordance with the law.' To do so, Grace would have to be sworn in by a federal judge just after midnight Friday when Habba ceases to be US attorney – and defy Attorney General Pam Bondi who ousted her from her job as New Jersey's first assistant US attorney. The Justice Department hasn't said what it plans to do with the position, other than Bondi and Todd Blanche, the deputy attorney general, decrying the appointment of Grace and accusing the judges of political motivations and attempting to usurp President Donald Trump's appointment powers. If Grace assumes the job, the president could fire her. The department could still outmaneuver the judges by having Habba leave before midnight Friday and appointing a new interim US attorney, a move they've used in other cases. Grace posted a lengthy message Wednesday on LinkedIn thanking colleagues and pushing back that politics played any part in how she did her job. She ended her post with a defiant vow to take over the job she was appointed to by the judges. 'Yesterday the District Judges for the District of New Jersey selected me to serve as the United States Attorney for the District of New Jersey. It will forever be the greatest honor that they selected me on merit, and I'm prepared to follow that Order and begin to serve in accordance with the law,' she wrote. Grace continued, 'I've served under both Republican and Democratic administrations. I've been promoted four times in the last five years by both — including four months ago by this administration. Politics never impacted my work at the Department.' Habba declined to comment when reached by CNN. The dispute is a consequence of the slow pace of the US Senate to approve Trump's US attorney nominations. Habba and other interim US attorneys could run out of the allotted 120 days they are allowed to serve. Under federal law, if the administration doesn't fill the job and the Senate doesn't confirm a nominee, federal judges in the district can select a temporary US attorney.
Forbes
21 hours ago
- Politics
- Forbes
Can Trump Get Alina Habba Her Job Back? Almost—Here's How.
The Trump administration is trying to overrule a panel of judges' decision to oust ex-Trump defense attorney Alina Habba as the U.S. Attorney in New Jersey, firing the prosecutor that judges had appointed as Habba's successor and possibly pursuing a workaround that could return her to the role—but potentially compromising her work. Alina Habba speaks at the Republican National Convention on July 18, 2024 in Milwaukee, Wisconsin. Getty Images Attorney General Pam Bondi announced Tuesday the Trump administration had fired Desiree Leigh Grace, a career prosecutor and Habba's first assistant, whom a panel of judges had named to be the next U.S. Attorney in New Jersey. The panel of federal judges was asked to vote on whether Habba—who was formerly President Donald Trump's personal defense attorney—should remain in the role of U.S. attorney, as her 120-day term was set to expire this week without her being confirmed by the Senate. The judges declined to keep Habba on and instead named Grace as U.S. attorney, who was set to step into the role when Habba's term expired on Friday. Trump administration officials blasted the decision, with Deputy Attorney General Todd Blanche claiming judges were 'trying to force out' Habba before her term expired and were 'activists' pushing a 'left-wing agenda.' As a result, Bondi announced hours after the court's decision appointing Grace that the prosecutor had already been fired, claiming the decision was made because 'politically minded judges refused to allow [Habba] to continue in her position.' Grace's firing upends the leadership at the U.S. Attorney's office and makes it unclear what will happen once Habba's term formally expires on Friday, though reports suggest the Trump administration is seeking a workaround to keep Habba on. Yes. While Bondi railed Tuesday against their declining to extend Habba's term, calling them 'rogue judges' who 'threaten[ed] the President's core Article II powers,' federal law states that when a U.S. attorney's appointment expires, 'the district court for [the attorney's] district may appoint a United States attorney to serve until the vacancy is filled.' Can The Trump Administration Legally Fire Desiree Leigh Grace? Yes. Federal law gives presidents the power to appoint and fire U.S. attorneys. While there's been some legal debate over the years about whether that still applies in the case of U.S. attorneys who are appointed by the courts, rather than by the president, a legal memo from 1979 contends presidents do have the right to fire judicially appointed U.S. Attorneys. The DOJ argued at the time that only 'makes sense' if it applies to attorneys the president appoints 'but also … to 'each' U.S. Attorney, including the court-appointed ones.' That memo is not binding, suggesting Grace or the New Jersey judges could challenge the decision in court, but there's no indication yet they intend to do so. DOJ officials' statements did not explicitly say Tuesday whether Grace was fired by Trump directly or by DOJ leadership, who likely would not have the authority to fire a U.S. attorney. Deputy Attorney General Todd Blanche said on X the prosecutor was being removed 'pursuant to the president's authority,' however, suggesting President Donald Trump fired her. It's unclear. Grace was reportedly fired from the DOJ entirely, according to Politico, where she had been serving as Habba's first assistant. But that doesn't necessarily stop her from rejoining the agency Friday as U.S. attorney, Politico notes, because judges can appoint people who aren't DOJ employees. It remains to be seen if Grace could still try to assume the role after Habba departs on Friday—though doing so would likely be futile, as any tenure she could try to hold would likely be short-lived before Trump just fires her again. Can Alina Habba Still Serve As U.s. Attorney? While the panel of judges could have voted in favor of letting Habba stay on as U.S. attorney, their decision to oust her means she can now only assume the role if she gets Senate confirmation. That so far appears unlikely, as New Jersey Sens. Cory Booker and Andy Kim, both Democrats, have signaled they oppose her confirmation. Home state senators can oppose nominations through what's known as the 'blue slip' process, which would likely derail any chance of Habba's nomination being brought to a vote. Republicans could ignore Booker and Kim's objections, but Carl Tobias, a law professor at the University of Richmond, told Forbes Wednesday the Senate Judiciary Committee has honored objections to other nominees in the past, so they're likely to similarly honor the New Jersey senators' opinions. The White House, however, has continued to push Habba's nomination, with spokesperson Harrison Fields saying in a statement Tuesday, '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 Role Could Alina Habba Be Appointed To? In order to keep Habba in the New Jersey prosecutors' office, the Trump administration reportedly may appoint her to a special position, as it it recently did for another U.S. Attorney, John Sarcone III. The Trump administration named Sarcone as a 'special assistant to the attorney general' last week, after judges in the Northern District of New York similarly declined to extend his term. That special assistant role carries the same responsibilities as the U.S. attorney role, the Trump administration said, effectively creating a workaround in order to keep Sarcone in his job. NBC reports the administration intends a similar tactic so Habba remains in New Jersey, but 'no specific method has been established yet.' But Tobias told Forbes that if Habba or Sarcone's authority in such new positions gets challenged in court, it could create long-term problems, as any prosecutions under Habba or Sarcone later could be challenged and found ' not valid,' jeopardizing any of the office's indictments or convictions. Key Background Habba, a New Jersey-based lawyer previously known for representing a parking garage, became one of Trump's most vocal advocates when she joined the president's legal team in 2021. She represented Trump in multiple legal cases between his first and second terms, including the civil fraud trial against him and his company and a defamation case brought against him by writer E. Jean Carroll. She also frequently advocated on Trump's behalf on television and social media, and made appearances at high-profile events like the Republican National Committee and CPAC. Trump subsequently named her as an advisor to him in his second term before promoting her to U.S. Attorney in March, even though she did not have any prosecutorial experience. Habba generated widespread controversy during her tenure as U.S. Attorney, particularly for her office's decisions to criminally charge Newark Mayor Ras Baraka and Rep. Monica McIver, D-N.J., for altercations at a federal immigration detention facility in New Jersey. While the case against McIver remains ongoing (the lawmaker has pleaded not guilty), Habba's office dropped its charges against Baraka shortly after they were brought—prompting the judge overseeing the case to chastise Habba and her office for making a 'worrisome misstep' by bringing the charges. Forbes DOJ Fires Alina Habba's Replacement As U.S. Attorney Hours After Ouster By Alison Durkee Forbes Alina Habba Is Latest Trump Personal Attorney To Join His Administration—Here's The Full List By Alison Durkee
Yahoo
a day ago
- Politics
- Yahoo
Alina Habba out as acting US Attorney; DOJ removes judges' replacement
New Jersey's U.S. District court judges have opted not to extend acting U.S. Attorney Alina Habba's term. As acting attorney, Habba's term was limited to just 120 days but the state's district court judges could have voted to allow her to retain the post beyond that. Instead, as of July 22, they have chosen to appoint Desiree Leigh Grace to the role effective July 22 or 'upon the expiration of 120 days' of Habba's appointment, whichever is later. Habba was appointed on March 24 by President Donald Trump. But hours after the decision was made public, U.S. Attorney General and U.S. Deputy Attorney General Todd Blanche said on social media that Grace had been "removed effective immediately" because they alleged the decision of the judges would "threaten" and "undermine" the president. What's happened on Alina Habba's watch? Habba's tenure has been tumultuous at best. During her roughly four months in the role, she arrested two Democratic elected officials, may have subpoenaed the governor and announced an investigation into the state's attorney general. After Newark Mayor Ras Baraka was arrested May 9 by immigration agents, she had charges pressed that accused him of trespassing at Newark's Delaney Hall. Those charges were dropped weeks later, but Rep. LaMonica McIver was then indicted and still faces for allegedly "assaulting, resisting and impeding" Homeland Security investigators and ICE agents. The freshman congresswoman has said she was there with fellow Reps. Bonnie Watson-Coleman and Rob Menendez on May 9 to "inspect the treatment of ICE detainees at Delaney Hall in my district." "We were fulfilling our lawful oversight responsibilities, as members of Congress have done many times before, and our visit should have been peaceful and short," she said. "The charges against me are purely political — they mischaracterize and distort my actions, and are meant to criminalize and deter legislative oversight." Habba also expressed interest in investigating Gov. Phil Murphy and state Attorney General Matthew Platkin during a cable news appearance in April. She said she instructed her office to open an investigation into Murphy and Platkin for not cooperating with federal immigration authorities, including U.S. Immigration and Customs Enforcement. Earlier: President Donald Trump nominates Alina Habba for full four-year U.S. attorney term for NJ Did Habba subpoena Gov. Phil Murphy? Murphy may have been subpoenaed for an investigation into comments he made at an event in Montclair back in February. The governor suggested that he was harboring an undocumented person in a garage at his home and that he dared federal immigration agents to "try to get her." Murphy said at the time that he and his wife had been discussing "someone in our broader universe whose immigration status is not yet at the point that they are trying to get it to. And we said, 'You know what? Let's have her live at our house above our garage, and good luck to the feds coming in to try to get her.'" The Murphy administration later clarified that the person the governor was referring to had legal status but was concerned that she might get swept up in Trump's immigration crackdown. They also declined to comment after reports circulated that Murphy had been subpoenaed. Katie Sobko covers the New Jersey Statehouse. Email: sobko@ This article originally appeared on Alina Habba out as U.S. Attorney for NJ Solve the daily Crossword
Yahoo
a day ago
- Politics
- Yahoo
Justice Department fires N.J. DA appointed over Trump's pick Alina Habba
July 23 (UPI) -- Attorney General Pam Bondi fired newly appointed U.S. Attorney for the District of New Jersey Desiree Leigh Grace. Bondi announced that Grace had been fired hours after a panel of New Jersey judges voted to appoint her as the state's district attorney over President Donald Trump's pick for the position, Alina Habba. Habba, a former personal attorney to the president, was appointed acting U.S. attorney for the District of New Jersey by Trump in March. Grace had been serving as her first assistant. Habba "has been doing a great job in making N.J. safe again. 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 been removed," Bondi said in a statement Tuesday. "This Department of Justice does not tolerate rogue judges -- especially when they threaten the President's core Article II powers." Since returning to office in January, Trump has threatened to impeach judges who rule against him, sanctioned law firms and lawyers linked to his political adversaries and has ignored or defied rulings he disagrees with, drawing staunch criticism. The firing of Grace, a career public servant who was lawfully appointed by the court, "is another blatant attempt to intimidate anyone that doesn't agree with them and undermine judicial independence," Sens. Cory Booker and Andy Kim, both New Jersey Democrats, said in a joint statement. "This administration may not like the law, but they are not above it." They added that the firing is another example of Trump's Justice Department "again criticizing a court that acted within its authority, continuing a pattern of publicly undermining judicial decisions and showing disregard for the rule of law and the separation of powers." Todd Blanche, deputy attorney general, said earlier on X that Habba's term expires at midnight Friday and that the judges' "rush" to appoint Grace "reveals what this was always about: a left-wing agenda, not the rule of law." The order appointing Grace U.S. attorney general of New Jersey was signed by District Judge Renee Marie Bumb, a President George W. Bush appointee. "When judges act like activists, they undermine confidence in our justice system," Blanche said on X. "Alina is President Trump's choice to lead -- and no partisan bench can override that."
