Bondi Ups Clash With Judges Over US Attorney in New Jersey (2)

Tensions between the Trump administration and the judiciary flared on Tuesday when Attorney General Pam Bondi removed a US attorney for New Jersey that had been named by federal judges to replace the president’s choice.

The move came after judges declined to extend the tenure of President Donald Trump’s appointee Alina Habba, whose four-month tenure has been marked by controversy after she said she wanted to help Republicans in the state.

Alina Habba

Photographer: Bonnie Cash/UPI/Bloomberg

Instead, the judges appointedFirst Assistant US Attorney Desiree Grace as interim head of the office.

Bondi, the nation’s top law enforcement officer, said hours later in a social media post that Habba “has been doing a great job,” but “politically minded judges” refused to let her continue. As a result, she said, the first assistant “has just been removed.”

While Habba may not be able to keep the interim US attorney role, the Trump administration could name her as a special attorney or find another way to get around restrictions to appointments of US attorneys.

Trump has nominated her for a four-year term but the Senate has not taken up her nomination.

Deputy Attorney General Todd Blanche also came to Habba’s defense Tuesday in a post on X accusing district judges of trying to “force” Habba out of her job.

‘Partisan Bench’

“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.”

Both of New Jersey’s Democratic senators, Cory Booker and Andy Kim, had previously said in a joint statement that Habba “degraded the office” and “does not meet the standard to serve.” Under Senate custom, the White House typically honors the wishes of home-state senators who oppose a US attorney nomination.

Booker and Kim criticized the Trump Justice Department’s firing of Grace.

“The firing of a career public servant, lawfully appointed by the court, is another blatant attempt to intimidate anyone that doesn’t agree with them and undermine judicial independence,” the senators said in a joint statement.

Habba has served since last March as the interim head of the US attorney’s office. She 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.

120 Days

The court said in a 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.” Trump swore her in as US attorney during a White House ceremony on March 28, which could mean her 120-day term expires by July 25 at midnight.

The standing order was signed by Chief Judge Renee Marie Bumb, who was appointed to the court by former President George W. Bush, a Republican. The majority of judges in the district were appointed by Democratic presidents.

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

Trump on July 1 nominated Habba to be the full-time chief federal prosecutor for New Jersey. 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.

Immigration Protest

She was also criticized for the indictment of US Representative LaMonica McIver after a protest at a private immigration facility. All three are Democrats.

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.

The federal judges decided not 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.

(Updates with date of Habba’s installation in 14th paragraph)

To contact the reporters on this story:
David Voreacos in New York at dvoreacos@bloomberg.net;
Justin Wise in Arlington at jwise52@bloomberg.net

To contact the editors responsible for this story:
Sara Forden at sforden@bloomberg.net

Peter Blumberg, Steve Stroth

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