DOJ fires newly appointed N.J. prosecutor who replaced Trump ally Habba
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Alina Habba is sworn in during a ceremony in the Oval Office of the White House on March 28. Photo: Bonnie Cash/UPI/Bloomberg via Getty Images
Federal judges on Tuesday appointed a new interim U.S. attorney for the District of New Jersey as Alina Habba waits to get the Senate confirmation.
The latest: Hours after Desiree Leigh Grace was appointed, Attorney General Pam Bondi in a post criticizing the judges announced she had been removed from the position.
Why it matters: Habba is President Trump's second U.S. attorney nominee who did not receive confirmation from either the Senate or the district court.
Zoom in: The order, signed by the George W. Bush-appointed Judge Renée Marie Bumb, appointed Grace effective Tuesday.
- Prior to the appointment, Habba had no experience working with law enforcement at the U.S. attorney's office, according to her LinkedIn.
- Deputy Attorney General Todd Blanche said on X on Sunday that Habba has the "full confidence" of Trump and the Justice Department and that "district judges should use their authority to keep her in place."
What they're saying: Following the judges' order, Blanche slammed the appointment as "a left-wing agenda."
- "Alina is President Trump's choice to lead — and no partisan bench can override that," Blanche said.
- Attorney General Pam Bondi reposted Blanche's statement on X, adding that Habba did "outstanding work in New Jersey."
- "The Trump Administration looks forward to her final confirmation in the U.S. Senate and will work tirelessly to ensure the people of New Jersey are well represented," White House spokesperson Harrison Fields said in a statement.
Context: The U.S. Code stipulates that interim U.S. attorneys are only allowed to serve for 120 days if they are not confirmed by the Senate or extended by the district court.
- After the appointment expired, the district court is allowed to appoint a new prosecutor to serve until "the vacancy is filled."
The intrigue: The attorney general can't fire a U.S. attorney appointed by the district court under a section of U.S. Code law dealing with vacancies, noted Steve Vladeck, a constitutional law professor at Georgetown University, on Bluesky. "Only President Trump can," he added.
- A White House spokesperson referred Axios on the matter to the Justice Department, which did not immediately respond to Axios' request for comment on Tuesday evening.
Flashback: During her time as interim U.S. attorney, Habba's practice was marked by confrontations with Democratic officials.
- Soon after her appointment, Habba said on Fox News that she's opening an investigation into New Jersey Gov. Phil Murphy and state Attorney General Matt Platkin on their refusal to cooperate with federal immigration agents.
- In May, Habba filed charges against Newark Mayor Ras Baraka and Rep. LaMonica McIver (D-N.J.) for allegedly trespassing at an ICE facility. She later dropped the charge against Baraka but did not drop charges against McIver.
State of play: Habba's approach with Democrats has drawn fury from Sens. Andy Kim (D-N.J.) and Cory Booker (D-N.J.), who both opposed her appointment.
- A federal appointment to the regional office will not be confirmed in the Senate without the support from senators of that state, thanks to a long-standing tradition.
- Habba acknowledged last week that she was unlikely to be appointed by the judges and offered an "emotional, preemptive farewell," according to the New York Times.
Editor's note: This story has been updated with comment from Attorney General Pam Bondi, the White House and law professor Steve Vladeck.
