Trump's DOJ Ignores Norms to Elevate Ally Alina Habba as U.S. Attorney

() — The administration of President Donald Trump circumvented tradition this week by criticizing judges who attempted to bypass his ally as the chief federal prosecutor in New Jersey — a trend that could occur in other states with Democratic leanings.

The Justice Department’s efforts to protect interim US Attorney Alina Habba, who previously served as Trump’s personal lawyer, may signal future conflicts regarding temporary federal prosecutors in Democratic-leaning states such as California, New York, and Nevada.

Federal judges in New Jersey announced on Tuesday that they would not prolong Habba’s four-month term, which was the maximum she could serve without needing confirmation from the US Senate. When the judges chose her deputy instead of Habba, Attorney General Pam Bondi criticized “politically motivated judges” for going beyond their role. She terminated Desiree Grace, the judges’ selected candidate, just hours later.

Habba’s term is scheduled to end by the week’s end, and what comes next remains uncertain. However, Trump and his officials have frequently criticized judges who oppose him in court, and they have recently demonstrated a tendency to stretch the limits of appointment laws to safeguard their selections.

‘Little Unclear’

“It’s somewhat unclear how this will all unfold,” saidJennifer Selin, an associate law professor at Arizona State University who studies US attorney appointments. The law regarding the appointment of interim US attorneys would not stop Trump from appointing Habba again as interim, but it’s “definitely on the edge of what’s legally acceptable,” Selin said.

Grace, a seasoned prosecutor who has been with the New Jersey office since 2016, stated late Wednesday that she remains ready to assume the position of U.S. attorney when Habba’s term concludes.

“Yesterday, the District Judges in the District of New Jersey chose me to be the United States Attorney for the District of New Jersey,” she stated on LinkedIn.postIt will always be the greatest honor that they chose me based on my merits, and I am ready to adhere to that Order and start serving in line with the law.

Representatives from the Department of Justice and the U.S. Attorney’s Office in New Jersey chose not to provide any statements.

US attorneys usually hold four-year terms following approval from the US Senate, and they often step down together when a new presidential administration takes office. According to Senate tradition, if a senator from the nominee’s home state disagrees with the president’s choice for US attorney, the entire Senate will not approve the appointment.

Over 20 states have two Democratic senators, but conflicts could emerge in Nevada, Illinois, and California, where temporary appointments are scheduled to end soon.

Trump has proposed Habba for a four-year term, yet she faces significant resistance from New Jersey’s two Democratic senators, Cory Booker and Andy Kim. Senate Minority Leader Chuck Schumer, a Democrat from New York, has also promised to block all Justice Department nominees until Trump returns a private jet provided by the Qatari government.

‘Left-Wing Agenda’

District judges have the authority to appoint a U.S. attorney until a permanent position is filled, but this has led to criticism from the Trump administration. Deputy Attorney General Todd Blanche claimed that New Jersey’s judges are pursuing “a left-wing agenda, not the rule of law” and are behaving as partisans and activists.

This approach is not a sustainable path to success, statedDaniel Richman, a law professor at Columbia University. Each US attorney’s office conducts investigations and brings criminal charges, as well as representing the United States in civil legal matters. The attorneys frequently appear in court before federal judges.

“An office that depends on judges’ cooperation to function typically doesn’t progress by fighting them,” Richman stated.

In the Northern District of New York, the Trump administration pushed the limits of its appointment power this month following federal judges’ decision not to extend John Sarcone’s 120-day term as chief prosecutor. Bondi named Sarcone as “Special Attorney to the Attorney General” and “First Assistant US Attorney,” positioning him as the acting leader under federal law regarding vacancies.

Sarcone is permitted to carry out identical legal actions as U.S. attorneys can, according to documents stating his appointment is “ongoing but subject to termination at any time.”

He could remain in an acting role for over 600 days under the vacancy statute, allowing him to circumvent the Senate, according to Selin. Acting officials can hold their positions for a maximum of 210 days under the vacancy law, with the possibility of two additional 210-day periods if the Senate does not confirm a nominee for the position.

The Trump administration also appointed two consecutive interim officials to act as U.S. attorney in Washington, D.C., selecting Jeanine Pirro for a 120-day period following her predecessor, Ed Martin, who failed to secure enough Senate support to move forward.

“The Trump administration demonstrated a careful approach by utilizing acting roles to manage challenges in the Senate,” Selin stated.

(Updates with a quote from the prosecutor’s LinkedIn post in the seventh paragraph.)