Alina Habba Fails to Get US Attorney Nod From NJ Judges (3)

Federal trial judges in New Jersey appointed First Assistant US Attorney Desiree Grace as interim head of the office, declining to extend the tenure of temporary chief and one-time Donald Trump defense lawyer Alina Habba.

The appointment was announced Tuesday by the District Court for the District of New Jersey in a standing order signed by Chief Judge Renee Marie Bumb.

Habba has since late March served as the acting head of the US attorney’s office. Her tenure has been marked by controversy after she said she wanted to help Republicans in the state.

Habba also brought high-profile cases against Democratic politicians and dismissed a long-running overseas corruption matter.

An interim US attorney can serve for no longer than 120 days after their appointment, under federal law. Once that appointment expires, a district court “may appoint a US attorney to serve until the vacancy is filled” on a permanent basis.

Trump named Habba interim US attorney on March 24 and she was sworn in four days later, which would give her just a few more days in the post.

The court said in its standing order that its appointment of Grace, a veteran prosecutor who’s served as Habba’s first assistant since April, is effective Tuesday, or 120 days after Habba’s appointment, “whichever is later.”

The White House didn’t immediately return a request for comment.

Habba Nomination

Trump on July 1 nominated Habba to be the full-time chief federal prosecutor for New Jersey. But approval from home state senators is needed for the pick to move forward under Senate custom.

Sens. Cory Booker and Andy Kim, both Democrats, haven’t explicitly said they would block her nomination, but they said in a joint statement that Habba “degraded the office” and “does not meet the standard to serve.”

Habba worked as a defense attorney for Trump in some of his most high-profile legal fights prior to his return to the White House. Before being tapped to the position in New Jersey, she served a short stint as a counselor to the president.

As US attorney, Habba said she would investigate Governor Phil Murphy. Her office also drew a judge’s condemnation for its failed trespassing prosecution of Newark Mayor Ras Baraka (D).

She was also criticized for the indictment of US Rep. LaMonica McIver (D-N.J.) after a protest at a private immigration facility. All three are Democrats.

Her successor, Grace, is well regarded within the office. While heading up its criminal division last year, she led the prosecution of three men convicted of racketeering conspiracy for their roles in three gang-related murders.

Top Justice Department officials came to Habba’s defense this week. Deputy Attorney General Todd Blanche in a post on X on Tuesday accused district judges of trying to “force” Habba out of her job.

“Their rush reveals what this was always about: a left-wing agenda, not the rule of law,” Blanche said. “When judges act like activists, they undermine confidence in our justice system. Alina is President Trump’s choice to lead—and no partisan bench can override that.”

The New Jersey court declined to extend Habba’s appointment a week after judges in the Northern District of New York declined to exercise their authority to pick a US attorney for the district. The decision meant John Sarcone, the Trump administration’s interim US attorney pick in Albany, would be limited to a 120-day term.

But the Justice Department appointed Sarcone as “Special Attorney to the Attorney General” as well as the district’s “First Assistant U.S. Attorney” to bypass that restriction and keep him in the job.

Mike Davis, leader of the Article III Project conservative legal group threatened to file judicial misconduct complaints against New Jersey district judges if they declined to extend Habba’s term.

“We’re seeing a precedent set in this Trump 47 administration where these Democrat activist judges whether they’re in New York or now New Jersey are trying to fire these US attorneys,” Davis said on former Trump White House adviser Steve Bannon’s “War Room” podcast.