Judges oust Trump ally Alina Habba as New Jersey’s top prosecutor

Federal judges declined to keep President Donald Trump’s former personal attorney as New Jersey’s top federal prosecutor, exercising an arcane statute to rebuff the Trump administration’s wishes.

New Jersey district court judges voted to not let interim U.S. Attorney Alina Habba stay on the job after her 120-day interim term expires, instead picking prosecutor Desiree Leigh Grace, according to a court order posted to the judiciary’s website.

There is confusion about when the change is effective, with the court suggesting Grace’s appointment should begin today, but leaving open it could be another day.

Habba, who served as counselor to the president and as Trump’s personal attorney, was Trump’s pick to be New Jersey’s top federal prosecutor — a position she assumed in March on an interim basis.

The decision to pass on Habba at the 120-day deadline of her tenure sets up a potential showdown between the judiciary and the White House, since the Trump administration lobbied judges to give Habba the permanent slot. Federal law allows for the White House to fire U.S. attorneys, although it is unclear if Trump plans to do that to Grace.

“President Trump has full confidence in Alina Habba, whose work as acting U.S. Attorney for the District of New Jersey has made the Garden State and the nation safer," White House spokesperson Harrison Fields said in a statement. "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.”

Grace is a registered Republican.

Sen. Cory Booker (D-N.J.), who has been critical of Habba, congratulated Grace. Fellow New Jersey Democratic Sen. Andy Kim said he was “grateful” to see Grace on the job.

The fight over Habba’s fate touches on deeper issues, including separation of powers and the aims of the Department of Justice — Habba has been accused of partisan prosecutions, while her allies accuse the judges of partisanship toward her.

Others in the Trump administration rushed to Habba’s defense on Tuesday afternoon. Attorney General Pam Bondi said on social media that Habba “is doing outstanding work in New Jersey” and makes the Justice Department proud.

Todd Blanche, a deputy attorney general who also served as personal attorney to Trump, accused judges of trying to “force out” Habba before Friday. It appears some are counting from March 24 when she was appointed and others the March 28 date when she was sworn in.

“Their rush reveals what this was always about: a left-wing agenda, not the rule of law,” he said on social media. “When judges act like activists, they undermine confidence in our justice.”

He was referring to the unusual process that played out this week. District court judges have a say over who fills an executive branch post because of a law about filling U.S. Attorney vacancies. The law has been around for decades with some interruption, but Congress put it back on the books after accusations that President George W. Bush’s administration removed nine U.S. attorneys for political reasons.

An unusual process that played out this week gives district court judges a say over who fills an executive branch post because of a law that has been around for decades, with some interruption. Congress put it back on the books after accusations the Bush administration pushed out nine U.S. attorneys for political reasons.

The lion’s share of the district court judges in New Jersey were appointed by Democratic presidents.

Now, the Trump administration could make a countermove to remove Grace and even try to get Habba her old job back by appointing Habba to be the first assistant U.S. attorney since that official can become acting U.S. attorney if there is a vacancy.

Trump-aligned lawyer James Burnham posted that Trump “would be well within his constitutional authority to take swift action to regain control of this important US Attorneys office for the Executive Branch he heads.”

At the time Habba was named to the position, few expected her to remain in the job beyond the 120-day interim window, but Trump has since nominated Habba for a full four-year term, a post that requires Senate confirmation.

In the Senate, Habba is facing Democratic criticism in the confirmation process. Sen. Cory Booker (D-N.J.) has previously said he wants the White House to pick someone else because he considers Habba a “partisan warrior.”

Booker’s frustration with Habba includes the arrest and short-lived prosecution of Newark Mayor Ras Baraka and the charges Habba filed against Rep. LaMonica McIver (D-N.J.) following a scrum outside a federal immigration detention facility. In May, a federal magistrate judge criticized her office’s “hasty arrest” and swift dismissal of a trespassing charge against Baraka as suggesting a “worrisome misstep” by her office.

Habba’s office has reportedly subpoenaed New Jersey Gov. Phil Murphy after a comment the Democrat made about potentially housing a migrant above his garage.

Habba was more overtly political than the typical federal prosecutor. Shortly after she was named as interim U.S. attorney, Habba told a conservative podcaster that she may be able to help “turn New Jersey red.”

“Hopefully, while I’m there, I can help that cause,” she said at the time.

Madison Fernandez and Josh Gerstein contributed to this report.