Trump Bypasses Judges to Keep Alina Habba as NJ Prosecutor/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ President Trump maneuvered to keep Alina Habba as Acting U.S. Attorney for New Jersey after judges moved to replace her. By withdrawing her nomination, the administration enabled her to legally remain in office for 210 more days. The move underscores Trump’s continued prioritization of loyalists in top legal roles.
Alina Habba’s Retention + Quick Looks
- Alina Habba remains Acting U.S. Attorney for New Jersey despite judge opposition
- Trump withdrew her nomination to bypass legal restrictions and extend her tenure
- Judges attempted to install Desiree Leigh Grace, but Attorney General Pam Bondi reversed it
- Habba led controversial prosecutions of NJ Democrats, sparking lawsuits and rebukes
- Her appointment exemplifies Trump’s loyalty-first DOJ approach
- Senate Democrats opposed her permanent confirmation
- Habba now has 210 more days to serve as acting U.S. attorney
- Legal experts question the precedent set by circumventing judicial selection norms
Deep Look
Trump Ensures Alina Habba Remains U.S. Attorney in New Jersey, Circumventing Judicial Selection
TRENTON, N.J. — President Donald Trump has solidified the role of Alina Habba — his former defense attorney — as the top federal prosecutor in New Jersey by using a legal workaround to keep her in place, despite opposition from the state’s federal judges.
Habba’s interim appointment was scheduled to expire this week. In a bold move, Trump withdrew her pending nomination to the post, enabling her to legally transition into Acting U.S. Attorney under the Federal Vacancies Reform Act, a status that grants her another 210 days in office.
Habba Declares Her Continuation: “I’m All In”
Taking to social media platform X, Habba wrote:
“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… I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in.”
Clash Between Judiciary and Trump DOJ
Earlier in the week, New Jersey’s federal judges moved to appoint Assistant U.S. Attorney Desiree Leigh Grace to succeed Habba, citing the end of her interim term. Grace, in a LinkedIn post, called the brief appointment “the greatest honor.”
But Trump-appointed Attorney General Pam Bondi swiftly removed Grace, calling the judges’ move “rogue” and politically motivated.
This escalated a quiet power struggle between the judiciary and the executive branch, raising alarms among legal experts over the erosion of norms traditionally guiding U.S. attorney appointments.
Habba’s Tenure: Controversy and Legal Fallout
In her four-month interim role, Habba’s office has sparked controversy with high-profile cases, notably involving two prominent New Jersey Democrats:
- Newark Mayor Ras Baraka was arrested by federal agents while attempting to join a congressional tour of a privately-run immigration facility. Though Habba’s office filed trespass charges, they were dropped after U.S. Magistrate Judge Andre Espinosa condemned the arrest as a “worrisome misstep.” Baraka has since filed a malicious prosecution lawsuit against Habba.
- Rep. LaMonica McIver faces federal assault charges stemming from a physical altercation with law enforcement during Baraka’s arrest. The case is ongoing and considered rare for targeting a sitting lawmaker outside of corruption allegations. McIver denies wrongdoing.
Investigations Into State Officials and Immigration Policy
Habba also announced a probe into Democratic Governor Phil Murphy and State Attorney General Matt Platkin over New Jersey’s directive to local law enforcement not to cooperate with federal immigration agents.
Critics claim the investigation is politically motivated, while supporters argue it enforces federal supremacy in immigration enforcement.
Track Record on Crime and Drug Prosecutions
Habba has highlighted a number of aggressive law enforcement actions, including the indictment of 30 members of a Newark-based fentanyl and crack cocaine ring.
She has used social media to promote these victories, aligning with Trump’s tough-on-crime messaging and drawing national conservative attention.
Trump’s Strategic Maneuvering Around the Senate
Trump formally nominated Habba for permanent appointment on July 1. But with New Jersey’s Democratic Senators Cory Booker and Andy Kim opposing the nomination, the effort was unlikely to succeed.
The Senatorial Courtesy Rule — a long-standing practice allowing home-state senators to effectively block U.S. attorney nominations — created a political roadblock that Trump sidestepped by withdrawing the nomination entirely.
By doing so, Trump cleared the way for Habba to continue serving without Senate approval, marking another chapter in his strategy to appoint loyalists to key judicial and prosecutorial positions.
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