() — On Tuesday, tensions escalated between the Trump administration and the judiciary as Attorney General Pam Bondi dismissed a U.S. attorney for New Jersey who had been selected by federal judges to take the place of the president’s nominee.
The decision followed judges’ refusal to prolong the term of President Donald Trump’s nominee Alina Habba, whose four-month period in office has been filled with controversy due to her expressed desire to support Republicans in the state.
Instead, the judges appointed First Assistant United States Attorney Desiree Grace serving as acting head of the office.
Bondi, the country’s leading law enforcement official, stated several hours later in a social media update that Habba “has been doing an excellent job,” but “politically motivated judges” prevented her from continuing. Consequently, she mentioned, the first assistant “has just been dismissed.”
Although Habba might not be able to maintain the temporary position of US attorney, the Trump administration could appoint her as a special attorney or discover an alternative method to bypass the limitations on US attorney appointments.
Trump has selected her for a four-year term, but the Senate has not yet acted on her nomination.
Deputy Attorney General Todd Blanche also supported Habba on Tuesday via a post on X, where he criticized district judges for attempting to “push” Habba out of her position.
‘Partisan Bench’
Their haste shows what this has always been about: a left-wing agenda, not the rule of law,” Blanche stated. “When judges behave like activists, they erode trust in our judicial system. Alina is President Trump’s nominee to take charge — and no biased court can change that.
Both Democratic senators from New Jersey, Cory Booker and Andy Kim, had earlier expressed in a shared statement that Habba “undermined the position” and “fails to meet the qualifications for service.” According to Senate tradition, the White House usually follows the preferences of home-state senators who object to a U.S. attorney nomination.
Booker and Kim expressed disapproval of the Trump Justice Department’s termination of Grace.
“A career public official, lawfully appointed by the court, being fired is yet another obvious effort to scare those who disagree and weaken the judiciary’s autonomy,” the senators stated in a shared declaration.
Habba has been the acting head of the U.S. attorney’s office since last March. She has handled prominent cases againstDemocratic politicians and dismissedA prolonged international bribery issue.
An acting U.S. attorney can remain in office for a maximum of 120 days following their appointment, according to federal regulations. After this period, a district court “has the authority to appoint a U.S. attorney to serve on a permanent basis until the position is filled.”
120 Days
The court stated in a standing order that the appointment of Grace, a seasoned prosecutor who has been Habba’s first assistant since April, will take effect on Tuesday, or 120 days after Habba’s appointment, whichever comes later. Trump administered the oath to her as U.S. attorney during a White House ceremony on March 28, which could mean her 120-day term ends by midnight on July 25.
The recurring directive was approved by Chief Judge Renee Marie Bumb, who was selected for the court by former President George W. Bush, a member of the Republican party. The majority of judges within the district were nominated by Democratic presidents.
The White House did not promptly reply to a request for statement.
On July 1, Trump nominated Habba to serve as the full-time chief federal prosecutor for New Jersey. Habba previously worked as a defense lawyer for Trump in several of his most prominent legal cases before returning to the White House. Prior to her appointment in New Jersey, she had a brief role as a counselor to the president.
As the U.S. attorney, Habba stated she would look into Governor Phil Murphy. Her office also faced a judge’s criticism for its unsuccessful trespassing case against Newark Mayor Ras Baraka.
Immigration Protest
She also faced criticism following the indictment of U.S. Representative LaMonica McIver after a demonstration at a private immigration detention center. All three individuals are members of the Democratic Party.
Grace is highly respected in the office. When she was in charge of the criminal division last year, she oversaw the prosecution of three men who were found guilty of racketeering conspiracy for their involvement in three gang-related killings.
Federal judges chose not to renew Habba’s appointment one week after judges in the Northern District of New York opted not to use their power to select a US attorney for the region. This ruling meant that John Sarcone, who was temporarily appointed by the Trump administration as US attorney in Albany, would only serve for a 120-day period.
However, the Department of Justice named Sarcone as “Special Attorney to the Attorney General” along with the district’s “First Assistant U.S. Attorney” in order to circumvent that limitation and maintain his position.
Mike Davis, head of the conservative legal organization Article III Project, warned that he would submit complaints about judicial misconduct against New Jersey district judges if they refused to renew Habba’s term.
“We’re witnessing a precedent established in this Trump 47 administration, where these Democrat activist judges, whether in New York or now New Jersey, are attempting to dismiss these U.S. attorneys,” Davis said.saidon the “War Room” podcast hosted by former Trump White House advisor Steve Bannon.
(Updates with the date of Habba’s installation in the 14th paragraph)
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