President Donald Trump just outmaneuvered New Jersey’s federal court to keep Alina Habba as acting U.S. attorney. On Thursday, he withdrew her nomination for the permanent role, sidestepping a judicial power grab, as CBS News reports. This bold move ensures that Habba remains in charge, much to the chagrin of progressive senators.
Trump’s withdrawal of Habba’s nomination allows her to serve as acting U.S. attorney for New Jersey, a Justice Department official confirmed. The decision follows a federal district court’s appointment of Desiree Leigh Grace as the state’s top prosecutor after Habba’s 120-day interim term expired and a judicial panel declined to extend it. It’s a classic Trump play: when the establishment pushes, he pivots.
Habba’s interim stint began March 24, with a 120-day limit that ended July 22. Federal law caps acting officers at 210 days if their nomination hits the Senate, which Habba’s did on June 30. That nomination tied her hands -- until Trump untied them.
New Jersey’s federal court, led by Chief Judge Renee Bumb, appointed Grace, Habba’s deputy, effective Tuesday or upon the expiration of Habba’s term. The court invoked its power to name a U.S. attorney when the attorney general’s pick lapses after 120 days. Sounds like judges playing politics, not law.
Attorney General Pam Bondi didn’t mince words, blasting the court for sidelining Habba. “This Department of Justice does not tolerate rogue judges,” Bondi declared. Her sharp rebuke exposes the judiciary’s attempt to undermine Trump’s authority.
Bondi went further, stripping Grace of her role as first assistant U.S. attorney. Grace, who boasted on LinkedIn about her court-ordered interim role, now finds herself sidelined. The move signals Bondi’s refusal to let judicial activism dictate Trump’s DOJ.
By pulling Habba’s nomination, Trump freed her from the Vacancies Act’s restrictions. Bondi then appointed Habba as first assistant U.S. attorney, paving the way for her to act as U.S. attorney again. It’s a legal checkmate that keeps Habba in the driver’s seat.
Habba, a loyal member of Trump’s New York defense team and now a White House counselor, proudly claimed her role. “I am now the Acting United States Attorney,” she stated. Her confidence reflects Trump’s trust in her to deliver for New Jersey.
White House spokesperson Harrison Fields doubled down, saying, “President Trump continues to have full confidence in Alina Habba.” Contrast that with the New Jersey senators’ obstructionism, and it’s clear who’s fighting for the people. The establishment’s blue-slip veto is just another elitist roadblock.
New Jersey Sens. Cory Booker and Andy Kim, wielding the Senate Judiciary Committee’s “blue slip” policy, blocked Habba’s nomination. This arcane rule requires both home-state senators to approve a U.S. attorney pick. It’s a relic that empowers petty politics over merit.
Armen Morian, a supporter, praised Habba’s qualifications, saying, “She’s eminently qualified to be U.S. attorney.” He argued Trump’s unconventional choice shakes up a stale system. Why should two senators derail a proven loyalist?
Thomas Barry, a legal expert, noted the 120-day rule pushes presidents to secure confirmations. “You lose the authority within the executive branch,” he said. But Trump’s withdrawal of Habba’s nomination flips the script, keeping control in the White House.
Federal courts have stepped in before, like when New Mexico’s court appointed Gregory Fouratt in 2008. New Jersey’s court tapped Craig Carpenito in 2018. These moves show judges aren’t shy about flexing their muscle, even when it smells like overreach.
In 2018, Manhattan’s court appointed Geoffrey Berman, whose messy exit in 2020 sparked controversy when Bill Barr falsely claimed Berman resigned. A 1979 Justice Department opinion clarifies that only the president, not the attorney general, can remove a court-appointed U.S. attorney. Trump’s latest move sidesteps that quagmire entirely.
Minneapolis Police Chief Brian O’Hara lauded Grace’s “heart, integrity, and commitment.” But with Bondi’s swift removal of Grace, it’s clear Trump’s team prioritizes loyalty to the president’s vision over judicial meddling. Habba’s back in charge, and the MAGA agenda marches on.
