President Donald Trump employed an appointment strategy to retain acting U.S. Attorney for New Jersey, Alina Habba, following a decision by federal judges in the state—mostly appointed by Democratic presidents—to name a different successor.
Habba’s temporary 120-day appointment was set to end at midnight on Friday, which would have required her to resign after the judges selected her assistant, Desiree Grace, to take her place earlier this week. The Senate had not yet addressed her nomination.
However, on Thursday, Trump rescinded her nomination for the permanent U.S. attorney role, as reported by a Justice Department official, and appointed her first assistant U.S. attorney instead, allowing her to resume her acting role temporarily as that position is now vacant, according to The Hill.
“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 stated in a post on social media platform X. “I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in.”
Grace indicated her readiness to step into the role, intensifying the conflict after being fired by Bondi following the judges’ selection of her over Habba.
Earlier Thursday, Grace announced on LinkedIn that she is honored by her appointment “on merit” and is prepared to take on the position “in accordance with the law.”
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“I’ve served under both Republican and Democratic administrations,” Grace noted. “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. Priorities may shift, but the mission remains consistent.”
Last week, the Trump administration similarly circumvented a court ruling that prevented the retention of another presidential appointee. Judges on the U.S. District Court for the Northern District of New York rejected a request to extend the interim term of John Sarcone III, Trump’s nominee for the district’s chief federal prosecutor, as reported by The Hill.
To bypass the ruling, Sarcone was named a “special attorney” to Bondi, which gave him the indefinite authority of a U.S. attorney.
Fox News reported that Habba resigned from her position on Thursday, allowing Trump to re-appoint her, which has a 210-day limit.
Trump has also nominated Habba for the four-year position of permanent U.S. attorney, but this requires Senate approval, and Habba currently lacks a clear path to confirmation, according to Fox News.
This is due to New Jersey’s Democratic senators, Cory Booker and Andy Kim, blocking her nomination through the Senate’s “blue slip” tradition. Additionally, a source familiar with the matter indicated that the Trump administration has not yet submitted the necessary materials for the Senate to formally review Habba’s nomination.
In a statement, Booker accused the Trump administration of violating the law by dismissing Grace.
“The firing of a career public servant, lawfully appointed by the court, is another blatant attempt to intimidate those who disagree and to undermine judicial independence,” Booker stated on social media, according to Fox News. “This Administration may not like the law, but they are not above it.”
In May, Habba filed federal charges against Rep. Lamonica McIver (D-N.J.) for allegedly assaulting an ICE agent at a detention facility in New Jersey.
If convicted, McIver could face several years in prison and fines up to $250,000.
Fox News reported that the New Jersey Democrat is now fundraising in response to her indictment, claiming the charges are driven by racism.
