Alina Habba, a former personal attorney to President Donald Trump, has declared herself the acting U.S. Attorney for the District of New Jersey, despite a recent federal court decision appointing her deputy, Desiree Leigh Grace, to the position. This development has intensified the ongoing conflict between the executive branch and the judiciary over federal appointments.
Habba’s interim appointment began in March 2025, but her 120-day term concluded on July 22. Under federal law, if a presidential nominee is not confirmed within this period, the district court has the authority to appoint an interim U.S. attorney. Exercising this authority, Chief Judge Renée Marie Bumb appointed Grace, a seasoned federal prosecutor with nearly nine years of experience in the New Jersey office. The court’s order did not provide specific reasons for this decision.
In response, Attorney General Pam Bondi removed Grace from the position, labeling the judges’ decision as politically motivated. Bondi stated that the Department of Justice “does not tolerate rogue judges” and emphasized the administration’s commitment to retaining Habba in the role. Habba echoed this sentiment on social media, asserting her refusal to “cower to pressure” and reaffirming her dedication to serving as the acting U.S. Attorney.
Habba’s tenure has been marked by controversy. Shortly after her appointment, she initiated investigations into Democratic officials, including Newark Mayor Ras Baraka and U.S. Representative LaMonica McIver, leading to accusations of politically motivated prosecutions. These actions have drawn criticism from legal experts and Democratic senators, who question her qualifications and impartiality.
The situation is further complicated by the Senate’s role in confirming U.S. attorneys. New Jersey’s Democratic senators, Cory Booker and Andy Kim, have expressed opposition to Habba’s nomination, citing concerns over her prosecutorial experience and the perceived politicization of the office. Under the Senate’s “blue slip” tradition, the lack of support from home-state senators can effectively block a nominee’s confirmation.
Legal scholars note that while the administration may have the authority to retain Habba through procedural maneuvers, such actions challenge the traditional balance of power between the executive and judicial branches. The unfolding events in New Jersey underscore the broader tensions surrounding federal appointments and the independence of the judiciary.
As the situation develops, the legal community will be closely monitoring the implications for the rule of law and the integrity of federal prosecutorial appointments.