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Trump Administration Reinstates Habba as Acting U.S. Attorney in New Jersey

With her Senate nomination withdrawn, a legal workaround lets Habba remain acting U.S. attorney despite the court’s appointment of a successor.

Alina Habba speaks after being sworn in as interim US Attorney General for New Jersey, in the Oval Office of the White House in Washington, on March 28, 2025. (Pool File via AP)
The seal of the Department of Justice in Washington, DC, in October 2022.
Alina Habba, Donald J. Trump's attorney, speaks during the final day of the Republican National Convention at the Fiserv Forum. The final day of the RNC featured a keynote address by Republican presidential nominee Donald Trump.

Overview

  • Federal judges in New Jersey invoked 28 U.S.C. §546 to appoint Desiree Leigh Grace after Habba’s 120-day interim term expired, prompting DOJ to fire Grace hours later.
  • President Trump withdrew Habba’s nomination for a full term and designated her first assistant to trigger Vacancies Reform Act provisions extending her acting tenure.
  • Attorney General Pam Bondi denounced the judges as “rogue” and defended the removal of a court-appointed successor as necessary to protect the president’s Article II appointment powers.
  • Senators Cory Booker and Andy Kim criticized the firing of Grace, calling it an intimidation tactic that undermines judicial independence.
  • Alina Habba has affirmed her continued service as acting U.S. attorney, while her permanent confirmation remains stalled by home-state senators.