A panel of federal judges declined Tuesday to extend Alina Habba as U.S. Attorney for the District of New Jersey, ending her interim appointment after 120 days and rejecting President Donald Trump’s bid to keep his former personal attorney in the role.
In a court order signed by Chief Judge Renée Marie Bumb, the judges opted instead to elevate Desiree Grace, Habba’s deputy, to serve as the district’s top federal prosecutor. But the Trump administration quickly fired Grace before she could assume the position, accusing the judiciary of political bias.
“Alina Habba has been doing a great job in making New Jersey safe again,” Attorney General Pam Bondi wrote on social media. “Nonetheless, politically minded judges refused to allow her to continue … Accordingly, the First Assistant United States Attorney in New Jersey has just been removed. This Department of Justice does not tolerate rogue judges.”
A Short, Controversial Tenure
Habba’s appointment in March drew scrutiny from the outset, with critics accusing Trump of using key federal posts to reward loyalists. Habba, who previously served as Trump’s personal attorney in several high-profile civil cases, had never worked as a prosecutor prior to her appointment.
Her brief four-month tenure was marked by politically charged prosecutions and investigations targeting prominent New Jersey Democrats, including Newark Mayor Ras Baraka, U.S. Rep. LaMonica McIver, and Governor Phil Murphy.
In one case, Habba charged Baraka with trespassing after he attempted to inspect the Delaney Hall immigrant detention facility in Newark. Baraka, a gubernatorial candidate at the time, had criticized the facility’s operations. The charges were later dropped, and a federal magistrate judge sharply rebuked Habba’s office for using an arrest as an “investigative tool.”
“Criminal charges carry significant reputational and personal consequences,” Judge Andre Espinosa warned during a court hearing.
After withdrawing charges against Baraka, Habba filed assault charges against Rep. McIver, who had been at the scene and allegedly pushed a federal agent during the commotion. McIver denied the allegation and said the prosecution was an attempt to intimidate her. Baraka has since filed a malicious prosecution lawsuit against Habba.
Habba also launched inquiries into Murphy and New Jersey Attorney General Matt Platkin over their refusal to fully cooperate with Trump’s immigration enforcement directives.
Nomination Faces Senate Opposition
Trump had submitted a formal nomination to keep Habba in the role beyond the interim term, but it faces strong opposition from Senators Cory Booker and Andy Kim, who questioned her qualifications and prosecutorial experience. The Senate has not scheduled a vote on the nomination.
Habba’s defenders say she was targeted for political reasons. Deputy Attorney General Todd Blanche, another former Trump defense lawyer, blasted the judges’ decision as a partisan maneuver.
“The district judges in NJ just proved this was never about law — it was about politics,” Blanche wrote on social media. “This backroom vote will not override the authority of the Chief Executive.”
Pattern of Pushback
The situation in New Jersey mirrors a similar development in New York, where judges last week declined to keep interim U.S. Attorney John Sarcone in place as his temporary term expired.
Despite the setbacks, Trump’s administration has continued to defend its nominees and insist that the president has the right to shape the Justice Department with officials who align with his agenda.
“The people of New Jersey deserve a prosecutor who puts their safety first,” Bondi said. “And that’s exactly what Alina was doing.”
As of now, the U.S. Attorney’s Office for the District of New Jersey remains without a confirmed leader, with political and legal disputes clouding the future of the role.
