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Trump Keeps Habba as Acting U.S. Attorney in New Jersey Over Judicial Appointment

Bondi removed the judges’ appointee under the Vacancies Reform Act in a move that critics say politicizes the U.S. Attorney’s Office

Alina Habba speaks before Republican presidential nominee former President Donald Trump at a campaign rally in Allentown, Pa., Tuesday, Oct. 29, 2024.
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Overview

  • On July 26, President Trump again designated Alina Habba as Acting U.S. Attorney for New Jersey under the Federal Vacancies Reform Act without Senate confirmation
  • Federal district judges in New Jersey had tapped veteran prosecutor Desiree Grace to succeed Habba after her 120-day interim term expired under 28 U.S.C. §546
  • Attorney General Pam Bondi terminated Grace’s appointment, condemning the judiciary’s action as a threat to the President’s Article II powers
  • Habba remains in charge despite lacking prosecutorial experience and drawing fire for pledging to assist Republicans in New Jersey
  • The clash highlights tensions over statutory vacancy procedures and concerns about partisan influence in the Department of Justice’s top law enforcement posts