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Forbes
4 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
6 hours 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
9 hours 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."
CBS News
11 hours ago
- CBS News
NYC man accused of throwing explosives off Williamsburg Bridge faces federal charges
A New York City man is facing federal charges after prosecutors say he built improvised explosive devices using instructions he found on the internet. Michael Gann is accused of making at least seven explosives, and throwing some off the Williamsburg Bridge into the East River, between May and June of this year. The 55-year-old man from Inwood was charged with attempted destruction of property by means of explosives, transportation of explosive materials and unlawful possession of destructive devices, the U.S. Attorney's Office for the Southern District of New York announced Tuesday. Prosecutors say Gann set off an explosive on June 5 near the East River and the FDR Drive, and the blast apparently frightened him. According to the indictment, he told investigators he started to consider getting rid of the devices, either by throwing them into the river or by handing them over to the FDNY. He is accused of throwing three devices from the Manhattan side of the Williamsburg Bridge, two of them landing in the water and one landing on subway tracks. The indictment reveals he allegedly stored the explosives on rooftops of SoHo apartments, where investigators also found 30 grams of explosive powder -- more than 600 times the legal limit for consumer fireworks. Prosecutors say they found another device in his bag, and one in his pocket. According to the indictment, he told law enforcement he was trying to make pyrotechnics and learned how to do it online. Prosecutors say Gann has 30 prior arrests, including 28 convictions. CBS News New York reached out to his attorneys for comment.
CTV News
11 hours ago
- Politics
- CTV News
Trump administration fights to keep ex-Trump lawyer Alina Habba as New Jersey federal prosecutor
Alina Habba speaks after being sworn in as interim US Attorney General for New Jersey, in the Oval Office of the White House in Washington, on March 28, 2025. (Pool File via AP) TRENTON, N.J. — The U.S. Justice Department fought to keep U.S. President Donald Trump's former lawyer, Alina Habba, in place as the top federal prosecutor in New Jersey on Tuesday after a panel of judges refused to extend her tenure and appointed someone else to the job. Habba, who had been named the interim U.S. attorney for the state in March, appeared to lose the position earlier Tuesday, when judges in the district declined to keep her in the post while she awaits confirmation by the U.S. Senate. Acting under a law that generally limits the terms of interim U.S. attorneys to 120 days, the judges appointed one of Habba's subordinates, Desiree Leigh Grace, as her successor. But just hours later, Attorney General Pam Bondi announced that she had in turn removed Grace, blaming Habba's removal on 'politically minded judges.' 'This Department of Justice does not tolerate rogue judges,' Bondi said on social media. The attorney general's second in command, Deputy Attorney General Todd Blanche, said in a post on social media that he didn't believe Habba's 120-day term expired until 11:59 p.m. Friday. White House spokesperson Harrison Fields said in a statement that Trump has full confidence in Habba and that the administration would work to get her confirmed by the U.S. Senate, despite opposition from New Jersey's two senators, both Democrats, who potentially have the power to block her nomination. The judicial order appointing Grace, signed by Chief Judge Renee Marie Bumb, didn't list any reasons for picking her for the position over Habba. Grace's LinkedIn page shows she's served as a federal prosecutor in New Jersey for the last nearly nine years. Messages seeking comment were left with Habba's office and the Justice Department. Alina Habba's tenure in New Jersey as top prosecutor During her four-month tenure, Habba's office tangled with two prominent New Jersey Democrats — Newark Mayor Ras Baraka and U.S. Rep. LaMonica McIver, over their actions during a chaotic visit to a privately operated immigration detention center in the state's largest city. Baraka was arrested on a trespass charge stemming from his attempt to join a congressional visit of the facility. Baraka denied any wrongdoing and Habba eventually dropped that charge. U.S. Magistrate Judge Andre Espinosa rebuked Habba's office over the arrest and short-lived prosecution, calling it a 'worrisome misstep.' Baraka is now suing Habba over what he says was a 'malicious prosecution.' Habba then brought assault charges against McIver, whose district includes Newark, over physical contact she made with law enforcement officials as Baraka was being arrested. The prosecution, which is still pending, is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption. McIver denies that anything she did amounted to assault. Besides the prosecution of McIver, Habba had announced she launched an investigation into New Jersey's Democratic governor, Phil Murphy, and attorney general, Matt Platkin, over the state's directive barring local law enforcement from cooperating with federal agents conducting immigration enforcement. In social media posts, Habba highlighted her office's prosecution of drug traffickers, including against 30 members of a fentanyl and crack cocaine ring in Newark. Habba's nomination has stalled under senatorial courtesy Trump, a Republican, formally nominated Habba as his pick for U.S. attorney on July 1, but the state's two Democratic U.S. senators, Cory Booker and Andy Kim signaled their opposition to her appointment. Under a long-standing Senate practice known as senatorial courtesy, a nomination can stall out without backing from home state senators, a phenomenon facing a handful of other Trump picks for U.S. attorney. Booker and Kim accused Habba of bringing politically motivated prosecutions. What is Habba's background? Once a partner in a small law firm near Trump's New Jersey golf course, Habba served as a senior adviser for Trump's political action committee, defended him in court in several lawsuits and acted as a spokesperson last year as he volleyed between courtrooms and the campaign trail. U.S. attorneys often have experience as prosecutors, including at the state or local level. Many, including the acting U.S. attorneys in Brooklyn and Manhattan, have worked in the offices they now lead. Habba said she wanted to pursue the president's agenda of 'putting America first.' Habba was one of Trump's most visible defense attorneys, appearing on cable TV news as his 'legal spokesperson.' She represented Trump in 2024 in the defamation case involving E. Jean Carroll. But Habba has had limited federal court experience, practicing mainly in state-level courts. During the Carroll trial, Judge Lewis A. Kaplan chided Habba for botching procedure, misstating the law, asking about off-limits topics and objecting after he ruled. Mike Catalini, The Associated Press
