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Attorney General Pam Bondi’s announcement came after the district court voted to elevate Desiree Leigh Grace, New Jersey’s first assistant US attorney, to replace the Trump ally.
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“Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant. Accordingly, the First Assistant United States Attorney in New Jersey has just been removed. This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers,” Bondi posted on X.
The rapid change-up prompted confusion as to who will lead the top federal prosecutor’s office in the state.
It’s unclear if Grace’s removal is enforceable or whether the district court judges will challenge the move. There’s also some confusion of when Habba’s appointment expires.
Grace’s appointment was set to be “effective July 22, 2025, or ‘upon the expiration of 120 days after appointment by the Attorney General’ of the Interim U.S. Attorney Alina Habba, whichever is later,” according to the order signed by Chief Judge Renee Marie Bumb.
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President Donald Trump appointed Habba to the position on March 24, but she was sworn in on March 28, with department officials arguing that her term doesn’t conclude until Friday. Interim US attorneys are only allowed to serve for 120 days if they are not confirmed by the US Senate or extended indefinitely by the district court in their jurisdiction.
Habba previously served as a spokesperson for the Trump campaign and as a personal attorney for Trump. She represented Trump during his civil fraud trial in 2023 and 2024. After Trump won reelection, Habba served as counselor to the president before Trump tapped her to serve as US attorney.
Trump formally nominated Habba to serve in the position for a four-year term on July 1. Habba’s nomination is still awaiting a vote from the Senate Judiciary Committee before she would advance to the full Senate for a floor confirmation vote.
The president and his legal team have been exploring options for reappointing nominees rejected by the courts, but it is unclear if Habba would accept a reappointment in this case, according to two sources familiar with the matter.
Deputy Attorney General Todd Blanche put out a statement on X on Tuesday, saying: “The district court judges in NJ are trying to force out @USAttyHabba before her term expires at 11:59 p.m. Friday.”
“Their rush reveals what this was always about: a left-wing agenda, not the rule of law. 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.”
He had previously urged the federal judges in New Jersey to appoint Habba indefinitely on an interim basis while she awaits Senate confirmation, saying she has the “full confidence” of leadership at the Justice Department.
Habba is President Trump’s second US attorney nominee to struggle to receive support from the district court or the Senate Judiciary Committee. In May, the Senate Judiciary Committee decided not to confirm Trump’s controversial pick to lead the DC US attorney’s office, Ed Martin.
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