the staff of the Ridgewood blog
Newark, NJ – Political and legal tensions are reaching new heights in New Jersey’s top federal prosecutor’s office after President Donald J. Trump withdrew his own nomination of Alina Habba and installed her as Acting U.S. Attorney for the District of New Jersey.
The move comes after a dramatic clash between the Trump administration, federal judges, and the Justice Department over who should lead the state’s U.S. attorney’s office.
⚖️ How Did the Standoff Begin?
Earlier this week, a panel of New Jersey federal judges declined to extend Habba’s 120-day interim term as U.S. attorney and instead voted to appoint Desiree Grace, Habba’s deputy, as the state’s top federal prosecutor.
Grace, a longtime career attorney respected across party lines, said she was prepared to assume the role “on merit” following the judges’ decision.
But Attorney General Pam Bondi fired Grace shortly after the court’s announcement, denouncing the judges for “threatening the President’s core Article II powers.”
📜 Trump’s Legal Maneuver: Withdrawing the Nomination
Federal law bars someone from serving in an acting capacity if their nomination is pending before the Senate. Trump’s withdrawal of Habba’s nomination cleared the legal obstacle, allowing her to become Acting U.S. Attorney.
Habba stated defiantly on social media platform X:
“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.”
This move mirrors a similar legal workaround Trump used recently in New York, where John Sarcone III was kept in charge despite judicial opposition.
🔄 Why Are Judges Involved?
Under federal law, when a 120-day interim term for a U.S. attorney expires, district court judges can appoint a successor until a Senate-confirmed nominee takes over.
Legal experts say this safeguard exists to prevent a president from indefinitely filling U.S. attorney positions with temporary appointees without Senate approval.
Thomas Barry, a constitutional law expert at the Cato Institute, explained:
“The 120-day rule incentivizes the president to secure Senate confirmation. After that, the judiciary steps in to ensure the vacancy isn’t controlled entirely by the executive branch.”
🏛️ What Happens to Desiree Grace?
Grace, who was highly regarded among New Jersey law enforcement, acknowledged her removal on LinkedIn but expressed gratitude for the judges’ confidence in her.
“It will forever be the greatest honor that they selected me on merit, and I’m prepared to follow that order and serve in accordance with the law,” she wrote.
Her supporters, including law enforcement officials across New Jersey, praised her integrity and dedication.
🔍 Habba’s Controversial Tenure
New Jersey’s culture of corruption runs very deep, and Habba’s brief tenure as interim U.S. attorney has been contentious, including criminal charges filed against Democratic officials over an incident at an ICE detention center. Critics point to her lack of prosecutorial experience, as she previously served as Trump’s personal attorney in several civil cases.
However, supporters argue that Habba’s loyalty and unconventional approach make her the right choice.
“She’s eminently qualified to be U.S. attorney,” said Armen Morian, who worked with Habba on Trump’s legal defense.
⏳ What’s Next?
Habba can legally serve as Acting U.S. Attorney for up to 210 days under the Federal Vacancies Reform Act. Meanwhile, legal scholars predict further litigation over whether Bondi and Trump can override a court-appointed U.S. attorney.
The Biden administration-appointed judges, New Jersey senators Cory Booker and Andy Kim, and Trump’s Justice Department are all expected to continue the fight over who controls the office.
📌 Key Points
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Trump withdrew Habba’s nomination, allowing her to become Acting U.S. Attorney for New Jersey
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Federal judges had appointed her deputy, Desiree Grace, sparking a power struggle
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Bondi fired Grace and blasted the judges as “rogue”
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Habba’s term as acting U.S. attorney will last up to 210 days
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Legal experts expect more clashes over the limits of executive vs. judicial power
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Article II powers are important of course, but they dont also give the president the power to ignore the Advice and Consent clause nor federal law. This is a dangerous situation.
The advice and consent clause is not applicable in this situation. The president can appoint states attorneys without the checks and balance of senate review per section II and the appointment of “Inferior officers”
Factually incorrect. US Attorneys require Senate confirmation. This administration is using gamesmanship to circumvent that for as long as possible.
Listen, here is a detached, non-partisan summary of the situation. Those of us who love Trump and those who hate him should generally agree that there is a legal process that should be followed to preserve our system of checks and balances.
In the absence of a confirmed US Attorney, he was entitled to appoint an Interim for 120 days, which he did in Habba. At the end of that period, if a permanent US Attorney has not been confirmed, the Federal Circuit Court judges in the district, by law, can either approve that person continuing as Acting US Attorney, or choose someone else if they think appropriate. They chose the latter (and putting aside anything you may think of the judges, everyone on either side of the aisle only had the most respect for Desiree Grace as a career prosecutor).
The Administration then fired Grace (for no cause) to try and circumvent the judge’s decision (although by law, in principle she still could have served as Acting US Attorney even after being fired from DOJ, though this would be an extremely awkward arrangement)
Now, by law nominees for the US Attorney role who are awaiting Senate confirmation cannot be named Acting US Attorney. So, following the firing of Grace, the Administration withdrew Habba’s nomination (it did not seem clear that she had any path toward actually being confirmed), and then appointed her for another 210 days as Acting US Attorney.
This basically allows the Administration to go almost a year with a US Attorney in NJ who has not been confirmed by the Senate (and likely would not be confirmed), and who is there in direct contravention of the judges’ legal appointment. Again think what you may of the judges, they did what the law asked them to do.
This is the dangerous precedent I’m talking about.
voters chose President Trump
they did not choose democratic judges
Voters chose the presidents who nominated and the senators who confirmed those judges. Again, there is a proper process with checks and balances.
and if you prosecute politicians they dent want you around