Attorney General Pam Bondi on Tuesday dismissed the federal judges’ choice for New Jersey’s top U.S. attorney, deepening a growing standoff between the Trump administration and the federal bench.
The decision came just hours after the state’s district judges appointed Desiree Leigh Grace, a veteran prosecutor and first assistant U.S. attorney, to replace Alina Habba, who had served as interim U.S. attorney for the past four months. Bondi swiftly moved to undo the appointment, declaring that the judiciary had overstepped its authority.
“Politically minded judges refused to let Alina continue, replacing her with the First Assistant,” Bondi posted on social media. “This Department of Justice does not tolerate rogue judges—especially when they try to undermine the President’s Article II powers.”
The move has thrown the leadership of the New Jersey U.S. attorney’s office into uncertainty and set up a potential legal and constitutional confrontation between the executive branch and the district court.
Trump’s Pick Rejected
President Trump had named Alina Habba—a longtime loyalist, former private attorney, and White House counsel—as interim U.S. attorney in March. Her temporary appointment was limited to 120 days unless extended by either Senate confirmation or approval by the district’s judges. The judges declined to keep her in place, instead appointing Grace in a brief order signed by Chief Judge Renée Bumb, a George W. Bush appointee. No explanation for the decision was provided.
Habba and the New Jersey U.S. attorney’s office have not issued public statements.
Deputy Attorney General Todd Blanche accused the judges of political interference:
“When judges act like activists, they undermine confidence in our justice system,” he wrote. “Alina is President Trump’s choice to lead—and no partisan bench can override that.”
Controversy Over Habba’s Tenure
Habba’s short tenure was marked by aggressive investigations into prominent New Jersey Democrats. She launched probes into the state’s Democratic governor and attorney general and charged Newark Mayor Ras Baraka before dropping the case. She also brought charges against Rep. LaMonica R. McIver for allegedly interfering with federal officers at an immigration facility. McIver, who has pleaded not guilty, called the prosecution “a brazen attempt at political intimidation.”
Critics—including House Minority Leader Hakeem Jeffries (D-N.Y.)—said Habba was unqualified and overtly political.
“Alina Habba is a woefully unqualified political hack who has to go,” Jeffries said ahead of the judges’ decision.
Despite the backlash, Trump nominated Habba for permanent appointment, though she has yet to face Senate confirmation. DOJ leadership continued to express support, with Blanche previously saying she had “the full confidence” of top officials.
Similar Moves in Other Districts
New Jersey isn’t the only battleground. Last week, judges in the Northern District of New York declined to reappoint interim U.S. attorney John Sarcone. In response, Bondi appointed him as “special attorney to the attorney general” and first assistant U.S. attorney—allowing him to automatically assume the acting U.S. attorney role under a legal technicality.
The 120-day terms of Trump’s other interim U.S. attorneys in Brooklyn and Manhattan are set to expire next month, potentially setting up more confrontations between the judiciary and the Justice Department.
For now, the leadership of one of the nation’s most powerful federal prosecutor’s offices remains in limbo, with Bondi and the courts on a collision course.