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Interim U.S. Attorney Alina Habba’s future as the top prosecutor in New Jersey was thrust into uncertainty Tuesday after district court judges voted against keeping her in the role and the Trump Department of Justice (DOJ) swiftly moved to fire her replacement.
Habba’s 120-day term expires this week, giving the judges the authority to either vote to extend her term or choose a new U.S. attorney.
The bench of judges in New Jersey, most of whom were appointed by Democratic presidents, revealed Tuesday they had voted to replace Habba with Desiree Grace, a career prosecutor and Habba’s top assistant. But, in a twist, the department moved quickly to fire Grace, leaving open the question of who would fill the role.
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Alina Habba speaks after being sworn in as interim U.S. Attorney General for New Jersey in the Oval Office of the White House in Washington, D.C., March 28, 2025. (Pool File via AP)
Attorney General Pam Bondi said Grace’s firing should signal that the DOJ “does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.”
“.@USAttyHabba has been doing a great job in making NJ safe again,” Bondi wrote on X. “Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant. Accordingly, the First Assistant United States Attorney in New Jersey has just been removed.”
Habba, who served as President Donald Trump’s personal lawyer and legal spokeswoman during his campaign, stirred controversy soon after she ascended to U.S. attorney.
She had Newark’s Democratic mayor, Ras Baraka, arrested in May for allegedly trespassing in an immigration detention facility. But Habba quickly dropped the charges, and a judge scolded her for the move, suggesting she was attempting to “satisfy public clamor.” Baraka is now suing Habba for defamation.
Trump made clear this month he wanted to keep Habba as U.S. attorney, nominating her for the full four-year position earlier this month. Habba also nabbed endorsements from several law enforcement groups that praised her as a tough prosecutor who would prioritize street crime.
But Habba has also been heavily criticized for having no prior prosecutorial experience and politicizing the role, including by saying on a right-wing podcast after she took the job that she hoped to help “turn New Jersey red.”
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Former President Donald Trump sits in the courtroom with attorneys Christopher M. Kise and Alina Habba during his civil fraud trial in New York State Supreme Court Oct. 17, 2023, in New York City. (Doug Mills-Pool/Getty Images)
Habba has at best a rocky path to Senate confirmation after New Jersey’s two Democratic senators, Cory Booker and Andy Kim, declined to give favorable recommendations for her as part of the Senate’s “blue slip” tradition. The courtesy can be disregarded by the Senate, but doing so is rare.
Prior to her termination, Booker congratulated Grace.
“I respect the District Court’s decision today to exercise its authority to appoint a new United States Attorney for the District of New Jersey and congratulate Desiree Grace, who has served as a prosecutor in the office since 2016, on her appointment,” Booker wrote on X, adding that New Jerseyans deserve an attorney “who will enforce the law without fear or favor.”
It was not immediately clear who would fill Habba’s role. Trump found a roundabout way to temporarily reinstate the U.S. attorney for the Northern District of New York, who had been in a situation similar to Habba’s. Fox News Digital reached out to the White House for comment.
Sen. Cory Booker, D-N.J., congratulated Desiree Grace on her appointment to succeed Habba. (AP Photo/Alex Brandon)
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Deputy Attorney General Todd Blanche defended Habba in a statement Tuesday, saying the New Jersey district court judges were “trying to force out” Habba early and that her term did not end until Friday.
“Their rush reveals what this was always about: a left-wing agenda, not the rule of law,” Blanche said. “When judges act like activists, they undermine confidence in our justice system. Alina is President Trump’s choice to lead — and no partisan bench can override that.”
Fox News’ Bill Mears contributed to this report.
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