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

The Justice Department dismissed the court-appointed replacement after judges chose Desiree Leigh Grace, with Trump withdrawing Habba’s nomination to extend her acting tenure under vacancy laws.

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

  • President Trump designated Alina Habba to continue as acting U.S. Attorney in New Jersey after withdrawing her permanent nomination, invoking federal vacancy statutes to prolong her service.
  • A panel of New Jersey federal judges declined to extend Habba’s 120-day interim term and appointed her deputy, Desiree Leigh Grace, as U.S. Attorney.
  • Attorney General Pam Bondi fired Grace following the judicial appointment and denounced the judges as “politically minded” for removing Habba.
  • The administration cited both the Vacancies Reform Act and 28 U.S.C. §546 to bypass Senate confirmation and override the court’s selection.
  • The standoff highlights a broader clash over executive appointment authority, judicial independence and the influence of the Senate’s blue slip tradition.