President Trump’s pick for New Jersey’s top federal prosecutor, Alina Habba, is refusing to step aside despite a court decision declining to extend her interim appointment — and selecting another official to take her place.
In her first public remarks since the decision, Habba doubled down, asserting that she is now the de facto acting U.S. attorney.
“Donald J. Trump is the 47th President. Pam Bondi is the Attorney General. And I am now the Acting United States Attorney for the District of New Jersey,” Habba posted Thursday on X. “I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in.”
According to a Justice Department official, Trump withdrew her formal nomination for the position and instead appointed her first assistant U.S. attorney — a move that, under federal succession rules, allows her to serve as acting U.S. attorney now that the post is vacant.
The maneuver comes as Desiree Grace, the attorney selected by federal judges in New Jersey to replace Habba, said she is ready to assume the role — even after being abruptly fired by the Justice Department following the court’s private vote to elevate her.
The showdown erupted Tuesday when the U.S. District Court for the District of New Jersey issued a standing order declining to reappoint Habba after her 120-day interim term expired. Instead, the judges tapped Grace, Habba’s deputy, to take over the position indefinitely.
Attorney General Pam Bondi responded by terminating Grace, prompting her to issue a public statement Thursday defending her credentials and rejecting any political motive.
“I’ve served under both Republican and Democratic administrations,” Grace wrote on LinkedIn. “Politics never impacted my work. Priorities shift, but the mission always remained steady.”
Habba’s tenure has been politically charged, including high-profile indictments of two Democratic officials stemming from an incident at a U.S. Immigration and Customs Enforcement facility.
Now, with Grace dismissed and Habba claiming the title of acting U.S. attorney, the leadership of New Jersey’s top federal prosecutor’s office remains mired in uncertainty.
This isn’t the first time the Trump administration has moved to sidestep a court’s decision. Just last week, when judges in the Northern District of New York declined to extend the interim term of Trump’s nominee John Sarcone III, he was instead appointed as a “special attorney” to Attorney General Bondi — a role that effectively grants him U.S. attorney powers indefinitely.
