In a controversial legal shuffle, federal judges in New Jersey have halted Alina Habba's tenure as the state's top federal prosecutor, a decision that has drawn sharp criticism from U.S. Attorney General Pam Bondi. Habba, a former personal attorney to Donald Trump and an interim U.S. Attorney for the District of New Jersey, was removed from her position following the expiration of her 120-day term.
The unexpected move came as a panel of district judges invoked a seldom-used legal provision, allowing them to appoint a replacement for Habba. Desiree Leigh Grace, previously the First Assistant U.S. Attorney in the district, was chosen to fill the role. This judicial decision was formalized through a court order, accessible on the judiciary's public website, which did not provide a precise timeline for Grace's assumption of the role but suggested an immediate or near-immediate transition.
Attorney General Bondi swiftly took to social media to express her support for Habba, stating, "My friend @USAttyHabba is doing outstanding work in New Jersey — she makes @thejusticedept proud." Bondi highlighted Habba's efforts in "making NJ safe again" and criticized the judges' decision as politically motivated. Further, Bondi implied that the judges' actions were an overreach, potentially infringing upon the President's core Article II powers.
This recent development is set against a backdrop of escalating tensions between the federal judiciary and members of the executive branch, especially those connected to former President Trump. Habba, a loyal ally of Trump, has been one of the few former legal representatives of the ex-President to transition into a significant Justice Department position. Her initial appointment in March, endorsed by the White House, was meant to be temporary, pending Senate confirmation of a permanent nominee. However, the Senate has not proceeded with a confirmation hearing for Habba or several other Justice Department nominees.
A senior official from the Department of Justice is quoted as saying, "This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers." The official's comment underscores the administration's disapproval of the judges' decision to bypass the White House's preference for Habba's continued service.
The situation raises questions about the balance of power between the judiciary and the executive branch and the role of political considerations in judicial appointments. While the judges' decision is legally grounded, it is clear that the political implications of their choice to replace Habba with Grace have ruffled feathers within the Trump-affiliated ranks of the administration.
