TRENTON, N.J. (AP) 鈥 The Justice Department fought to keep President Donald Trump's former lawyer, Alina Habba, in place as the top federal prosecutor in New Jersey on Tuesday after a panel of judges refused to extend her tenure and appointed someone else to the job.
Habba, who had been named the interim U.S. attorney for the state in March, appeared to lose the position earlier Tuesday, when judges in the district declined to keep her in the post while she awaits confirmation by the U.S. Senate.
Acting under of interim U.S. attorneys to 120 days, the judges appointed one of Habba's subordinates, Desiree Leigh Grace, as her successor.
But just hours later, Attorney General Pam Bondi announced that she had in turn removed Grace, blaming Habba's removal on 鈥減olitically minded judges.鈥
鈥淭his Department of Justice does not tolerate rogue judges,鈥 Bondi said on social media. The attorney general's second in command, Deputy Attorney General Todd Blanche, said in a post on social media that he didn't believe Habba's 120-day term expired until 11:59 p.m. Friday.
White House spokesperson Harrison Fields said in a statement that Trump has full confidence in Habba and that the administration would work to get her confirmed by the U.S. Senate, despite opposition from New Jersey鈥檚 two senators, both Democrats, who potentially have the power to block her nomination.
The judicial , signed by Chief Judge Renee Marie Bumb, didn't list any reasons for picking her for the position over Habba. Grace鈥檚 LinkedIn page shows she鈥檚 served as a federal prosecutor in New Jersey for the last nearly nine years.
Messages seeking comment were left with Habba鈥檚 office and the Justice Department.
Alina Habba's tenure in New Jersey as top prosecutor
During her four-month tenure, Habba's office tangled with two prominent New Jersey Democrats 鈥 and , over their actions during a chaotic visit to a privately operated immigration detention center in the state鈥檚 largest city.
Baraka was arrested on a trespass charge stemming from his attempt to join a congressional visit of the facility. Baraka denied any wrongdoing and Habba eventually dropped that charge. U.S. Magistrate Judge Andre Espinosa rebuked Habba鈥檚 office over the arrest and short-lived prosecution, calling it a 鈥渨orrisome misstep.鈥 over what he says was a 鈥渕alicious prosecution.鈥
Habba then brought assault charges against McIver, whose district includes Newark, over physical contact she made with law enforcement officials as Baraka was being arrested.
The prosecution, which is still pending, is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption. McIver denies that anything she did amounted to assault.
Besides the prosecution of McIver, Habba had announced she launched an investigation into New Jersey鈥檚 Democratic governor, Phil Murphy, and attorney general, Matt Platkin, over the state鈥檚 directive barring local law enforcement from cooperating with federal agents conducting immigration enforcement.
In social media posts, Habba highlighted her office鈥檚 prosecution of drug traffickers, including against 30 members of a fentanyl and crack cocaine ring in Newark.
Habba鈥檚 nomination has stalled under senatorial courtesy
Trump, a Republican, formally nominated Habba as his pick for U.S. attorney on July 1, but the state鈥檚 two Democratic U.S. senators, Cory Booker and Andy Kim signaled their opposition to her appointment. Under a long-standing Senate practice known as senatorial courtesy, a nomination can stall out without backing from home state senators, a for U.S. attorney.
Booker and Kim accused Habba of bringing politically motivated prosecutions.
What is Habba's background?
Once a partner in a small law firm near Trump鈥檚 New Jersey golf course, Habba served as a senior adviser for Trump鈥檚 political action committee, defended him in court in several lawsuits and acted as a spokesperson last year as he volleyed between courtrooms and the campaign trail.
U.S. attorneys often have experience as prosecutors, including at the state or local level. Many, including the acting U.S. attorneys in Brooklyn and Manhattan, have worked in the offices they now lead.
Habba said she wanted to pursue the president鈥檚 agenda of 鈥減utting America first.鈥
Habba was one of Trump鈥檚 most visible defense attorneys, appearing on cable TV news as his 鈥渓egal spokesperson.鈥 She represented Trump in 2024 in the .
But Habba has had limited federal court experience, practicing mainly in state-level courts. During the Carroll trial, Judge Lewis A. Kaplan chided Habba for botching procedure, misstating the law, asking about off-limits topics and objecting after he ruled.
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