Trump Puts Alina Habba in Acting NJ U.S. Attorney Role Amidst Judicial Scramble

Washington — President Trump has strategically withdrawn the nomination of Alina Habba, his former defense lawyer, to serve as the U.S. Attorney for New Jersey. This move, confirmed by a Justice Department official on Thursday, clears the path for Habba to immediately assume the role of Acting U.S. Attorney for the state.

The development follows a tense leadership dispute in the New Jersey U.S. Attorney’s office. A federal district court had appointed Desiree Leigh Grace, Habba’s deputy, as the state’s top federal prosecutor after Habba’s 120-day interim term concluded on July 22. However, Attorney General Pam Bondi swiftly intervened, announcing Grace’s removal as first assistant U.S. attorney and condemning the judges’ decision as an affront to presidential authority.

“This Department of Justice does not tolerate rogue judges — especially when they threaten the president’s core Article II powers,” Bondi declared on social media.

The withdrawal of Habba’s formal nomination by Mr. Trump is a crucial legal maneuver. Federal law generally prohibits an individual from serving as an acting officer if their nomination has been submitted to the Senate. By pulling the nomination, Trump has bypassed this restriction, allowing Habba to serve as acting U.S. Attorney for up to 210 days. Habba herself confirmed her new role on X, stating, “I am now the Acting United States Attorney for the District of New Jersey.” This action was enabled after she resigned from her interim post and was appointed First Assistant U.S. Attorney by Bondi, effectively positioning her to become the acting head of the office.

The situation underscores a significant power struggle between the Executive Branch and the Judiciary over federal appointments. New Jersey’s home-state senators, Democrats Cory Booker and Andy Kim, had opposed Habba’s original nomination. Meanwhile, Desiree Grace, despite being removed from her deputy role, indicated her readiness to follow the judges’ order, highlighting her strong local support. The administration’s move ensures its preferred candidate remains in charge amidst the ongoing legal and political complexities.

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