Federal judges vs. Trump admin: US attorney choice fans the flames
5 Min Read
A surprise move by federal judges to replace New Jersey’s acting US attorney has ignited a high-stakes legal and political clash with the Trump administration.
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Alina Habba speaks after being sworn in as interim US Attorney General for New Jersey, in the Oval Office of the White House in Washington, on March 28, 2025. (AP)
A dramatic power struggle erupted Tuesday over the leadership of the US Attorney’s Office in New Jersey, as a panel of federal judges invoked a rarely used legal mechanism to appoint a new top prosecutor, only to be met with immediate and forceful resistance from the Justice Department.
Rejecting interim US Attorney Alina Habba’s bid to remain in office, the judges moved to install her deputy, Desiree Leigh Grace, as the district’s new top federal prosecutor. The decision, made behind closed doors and formalized by Chief Judge Renee Marie Bumb, bypassed the usual Senate confirmation process and stunned legal observers.
Grace, a career federal prosecutor and former head of the office’s violent crimes unit, was elevated to first assistant by Habba earlier this year. Her sudden promotion drew swift condemnation from Attorney General Pam Bondi, who posted on social media that Grace had “just been removed,” declaring that the Justice Department “does not tolerate rogue judges, especially when they threaten the President’s core Article II powers.”
Collusion with Dems?
Deputy Attorney General Todd Blanche followed suit, accusing the judges of colluding with New Jersey’s Democratic senators, Cory Booker and Andy Kim, who have vocally opposed Habba’s nomination. “This backroom vote will not override the authority of the Chief Executive,” Blanche wrote.
A person familiar with the matter confirmed that Grace received an email on Tuesday notifying her of her dismissal. But whether the termination nullifies the court’s order, or whether the judiciary can enforce its appointment, remains legally ambiguous.
Chief Judge Bumb, a George W. Bush appointee, declined to comment following the DOJ’s retaliatory move. The judges’ order took effect Tuesday, or upon expiration of Habba’s 120-day interim term, a date now in dispute.
Trump vs. judiciary
Trump announced Habba’s appointment on March 24, declaring it “effective immediately", which would have made Tuesday her final day. However, since her official swearing-in occurred four days later, the DOJ maintains that her term should extend until 11:59 pm Friday.
Earlier Tuesday, Blanche accused the judges of “trying to force out” Habba before her interim term legally expired, framing the move as part of “a left-wing agenda” designed to undermine the administration’s authority over federal prosecutions.
The White House also weighed in, with spokesperson Harrison Fields saying President Trump has “full confidence in Alina Habba, whose work as acting US attorney for the District of New Jersey has made the Garden State and the nation safer.” He added that the administration expected her Senate confirmation, despite clear resistance from the state’s Democratic senators.
Judicial decisions undermined
Booker and Kim issued a joint statement condemning the administration’s rhetoric, saying the Justice Department was “continuing a pattern of publicly undermining judicial decisions and showing disregard for the rule of law and the separation of powers.”
Desiree Leigh Grace, who joined the Newark office in 2016, rose steadily through the ranks, leading the violent crimes unit in 2020 before being named head of the criminal division in March 2024. Her sudden elevation and abrupt removal underscore the unprecedented nature of the war.
The clash marks the latest in a string of confrontations between the Trump administration and the federal judiciary. Just last week, a similar standoff unfolded in Albany, New York, where the DOJ reappointed embattled prosecutor John A. Sarcone III as a “special attorney” to Bondi, after local judges declined to renew his interim term.
Trump loyalists’ controversial rise
Habba, 41, is a former personal attorney to Trump with no previous experience in criminal law or federal prosecution. Her appointment has been widely criticized by legal experts and lawmakers alike. Her tenure has been marked by controversial indictments, including charges brought and later dropped against Newark Mayor Ras J. Baraka and Rep. LaMonica McIver, both Democrats, following a clash with federal immigration agents.
Baraka is now suing Habba for malicious prosecution. Meanwhile, she has opened investigations into New Jersey Governor Philip D. Murphy and Attorney General Matthew J. Platkin, accusing them of obstructing federal immigration enforcement, moves critics say are politically motivated.
While federal judges have previously filled interim US attorney vacancies, as occurred with Craig Carpenito and Geoffrey Berman during Trump’s first term, legal scholars emphasize that preemptively appointing a successor without extending the current term is almost unheard of, though legally permissible.
As the dust settles, one question remains unanswered: who currently holds the reins of the US Attorney’s Office in New Jersey? For now, the answer depends on which branch of government one asks, a constitutional standoff that shows no signs of abating.
