Justice Department Clashes with Judges Over Removal of Trump-Aligned Prosecutor Alina Habba in New Jersey

The Justice Department on Tuesday intervened to support Alina Habba, a close ally and former lawyer for President Donald Trump, after a panel of federal judges declined to extend her tenure as interim U.S. Attorney for New Jersey and appointed her subordinate, Desiree Leigh Grace, to the position.

Habba, who had been serving as interim U.S. attorney since March, appeared to lose the job earlier in the day when district judges invoked a law limiting interim appointments to 120 days. Chief Judge Renée Marie Bumb issued an order appointing Grace, a nearly decade-long federal prosecutor in the state, without explaining the decision.

But hours later, Attorney General Pam Bondi reversed the appointment, removing Grace and criticizing the judges for what she called a politically motivated move. “This Department of Justice does not tolerate rogue judges,” Bondi wrote on social media. Deputy Attorney General Todd Blanche added that the 120-day limit on Habba’s appointment had not yet expired, citing a deadline of 11:59 p.m. Friday.

The White House issued a statement of support, with spokesperson Harrison Fields affirming Trump’s confidence in Habba and pledging to press forward with her Senate confirmation—despite opposition from New Jersey’s two Democratic senators, Cory Booker and Andy Kim. Under the Senate’s “senatorial courtesy” practice, their disapproval could block her nomination indefinitely.

Habba’s Controversial Tenure

During her four months in office, Habba stirred controversy by pursuing politically charged prosecutions against prominent Democrats in New Jersey. She brought charges against Newark Mayor Ras Baraka following his attempt to join a congressional delegation visiting an immigration detention facility. Though the trespassing charge was later dropped, a federal magistrate rebuked Habba’s office, calling the prosecution a “worrisome misstep.” Baraka has since sued Habba for malicious prosecution.

In a separate incident during Baraka’s arrest, U.S. Rep. LaMonica McIver allegedly made physical contact with law enforcement officials. Habba brought federal assault charges against the congresswoman—a rare case of criminal prosecution against a sitting member of Congress for conduct unrelated to fraud or corruption. McIver denies wrongdoing, and the case remains pending.

Habba also launched an investigation into Democratic Governor Phil Murphy and state Attorney General Matt Platkin over a New Jersey policy limiting local cooperation with federal immigration authorities.

In addition to these politically sensitive cases, Habba promoted her office’s work prosecuting drug trafficking, including indictments against 30 people in a fentanyl and crack cocaine ring in Newark.

Background and Qualifications

Habba, formerly a partner at a small law firm near Trump’s Bedminster golf club, rose to prominence as one of his legal spokespersons and courtroom defenders. She represented Trump in the 2024 defamation case brought by E. Jean Carroll, where the presiding judge criticized her for procedural errors and misconduct during trial.

Unlike many U.S. attorneys who have prior experience as prosecutors or within federal offices, Habba’s background is largely in state courts. Her appointment has been widely seen as a politically motivated effort by Trump to place loyalists in key positions.

Despite legal setbacks and mounting political opposition, the administration remains committed to securing her confirmation. Her future now rests with a Senate where home-state resistance could prove decisive.