Judges replace Trump pick Alina Habba as US attorney in New Jersey

Nick Vadala, The Philadelphia Inquirer on Jul 22, 2025

By clicking submit, I authorize Arcamax and its affiliates to: (1) use, sell, and share my information for marketing purposes, including cross-context behavioral advertising, as described in our Privacy Policy , (2) add to information that I provide with other information like interests inferred from web page views, or data lawfully obtained from data brokers, such as past purchase or location data, or publicly available data, (3) contact me or enable others to contact me by email or other means with offers for different types of goods and services, and (4) retain my information while I am engaging with marketing messages that I receive and for a reasonable amount of time thereafter. I understand I can opt out at any time through an email that I receive, or by clicking here

Federal judges in New Jersey opted to replace interim U.S. Attorney Alina Habba, ousting President Donald Trump’s pick for the state’s top prosecutor as her temporary term comes to a close.

Habba, who previously represented Trump in personal cases and worked as a campaign spokesperson for him, was appointed to the role in late March. Earlier this month, Trump sent her name to the U.S. Senate for confirmation for a full four-year term, despite Habba having no prosecutorial experience prior to taking over the position. Habba’s work in the role drew opposition from New Jersey’s senators.

The Senate did not act on Habba’s formal nomination, and in a brief standing order issued Tuesday, New Jersey federal judges in an unusual move appointed Desiree Leigh Grace, a longtime prosecutor whom Habba named her first assistant earlier this year, as U.S. attorney for New Jersey. Grace’s appointment was effective as of Tuesday, or “upon the expiration of 120 days after appointment by the Attorney General” of the interim U.S. attorney, whichever is later, Chief U.S. District Judge Renée Bumb wrote in the order.

The New Jersey U.S. attorney’s office did not immediately respond to a request for comment.

The move came shortly before Habba’s temporary appointment was set to expire. Under federal law, interim U.S. attorneys can only stay in the role for 120 days, unless they are confirmed by the Senate or have their term extended by their jurisdiction’s district court. Neither scenario came to be Tuesday, but Deputy Attorney General Todd Blanche contended that Habba’s term was supposed to last until Friday.

Federal judges in New Jersey, Blanche said, were “trying to force out” Habba from the position.

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

Grace’s appointment by New Jersey’s federal judges caps Habba’s tumultuous tenure, and comes weeks after a rebuke from Democratic Sens. Andy Kim and Cory Booker. In a joint statement earlier this month, the pair said that Habba has “degraded the office and pursued frivolous and politically motivated prosecutions.” Habba, they added, “does not meet the standard to serve the people of New Jersey.”

Following the order Tuesday, Kim and Booker issued messages of support on social media. The state, Kim wrote, “deserves someone who will be measured and thoughtful in their considerations,” adding that he wished Grace luck in the position.

Booker also congratulated Grace, saying on social media that New Jersey ought to have a U.S. attorney who will enforce the law “in pursuit of the public interest and guided by the principles of impartiality and fairness.”

Habba previously worked as a partner at a law firm near Trump’s Bedminster golf course, and served as a senior adviser for the president’s political action committee. She has said she wanted to help the “cause” of flipping New Jersey red as the state’s top federal prosecutor.

Shortly after taking over the role, Habba ordered an investigation of Gov. Phil Murphy and state Attorney General Matthew Platkin, both of whom are Democrats, for allegedly refusing to cooperate with Trump’s immigration crackdown.

Habba later prosecuted Newark Mayor Ras Baraka and U.S. Rep. Lamonica McIver, also Democrats, over a May tussle with U.S. Immigration and Customs Enforcement outside the federal immigration detention center in Newark, Delaney Hall.

Baraka was arrested outside the facility, and Habba charged him with criminal trespassing, but dropped the case nearly two weeks later. McIver was later charged with assault, and has since pleaded not guilty in the case, which remains ongoing.

Baraka has since sued Habba, filing a lawsuit in June that accused her of defamation and “false arrest and malicious prosecution.”

While the move from federal judges in New Jersey on Tuesday was an unusual one, it is not the first time a Trump nominee for U.S. attorney failed to receive support. Earlier this month, federal judges in the Northern District of New York declined to extend John A. Sarcone III’s term as chief federal prosecutor.

Sarcone, however, was appointed as a “special attorney” to Attorney General Pam Bondi, allowing him to hold U.S. attorney powers indefinitely, the New York Times reported.

_____