The Department of Justice abruptly fired New Jersey’s acting U.S. attorney on Tuesday after a panel of federal judges declined to extend the tenure of Trump ally Alina Habba.
Attorney General Pam Bondi made the announcement just hours after the district court voted to install Desiree Leigh Grace, the state’s First Assistant U.S. Attorney, as Habba’s replacement.
“Despite her service, politically minded judges refused to let her continue, replacing Alina with the First Assistant,” Bondi posted on X. “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 swift action sparked confusion about who is currently in charge of the top federal prosecutor’s office in New Jersey — and whether the DOJ had the authority to fire Grace.
According to an order signed by Chief Judge Renée Marie Bumb, Grace’s appointment was scheduled to take effect July 22, or “upon the expiration of 120 days after appointment by the Attorney General” of Habba, whichever comes later. That clause raised questions about when Habba’s term officially ends.
Trump appointed Habba as interim U.S. attorney on March 24, and she was sworn in four days later. Federal law limits interim appointments to 120 days unless the Senate confirms the nominee or the district court extends the appointment.
Department officials argue Habba’s term expires Friday, not earlier, making the court’s move premature.
Habba, a longtime Trump loyalist, previously served as a Trump campaign spokesperson and personal attorney. She represented him during his high-profile civil fraud trial and later joined his administration as presidential counselor. Trump formally nominated her for a four-year term on July 1, but her nomination is still pending before the Senate Judiciary Committee.
A source familiar with the matter said Trump’s team is considering options to reappoint Habba, but it remains unclear whether she would accept another interim role given the escalating legal standoff.
Deputy Attorney General Todd Blanche also weighed in Tuesday, accusing the New Jersey judges of pushing a partisan agenda.
“The district court judges in NJ are trying to force out @USAttyHabba before her term expires at 11:59 p.m. Friday,” Blanche wrote on X. “Their rush reveals what this was always about: a left-wing agenda, not the rule of law.”
He previously urged the court to extend Habba’s role indefinitely while she awaits Senate confirmation, emphasizing that she has the “full confidence” of DOJ leadership.
Habba is now Trump’s second U.S. attorney nominee to face significant resistance from either the courts or Senate. In May, the Senate Judiciary Committee rejected Trump’s pick for U.S. attorney in Washington, D.C., conservative attorney Ed Martin.
It’s unusual for multiple nominees to face such hurdles from both the judiciary and lawmakers, signaling mounting tension between the Trump administration and the judicial branch.
