Judges vote to oust former Trump lawyer Alina Habba as New Jersey’s top federal prosecutor

The Washington Post ^ | June 22, 2025 | Jeremy Roebuck

[E. Pluribus Unum]

New Jersey’s federal judges declined Tuesday to appoint Alina Habba, President Donald Trump’s pick for U.S. attorney in the state, to continue serving in that role, delivering a resounding rebuke to one of his administration’s most polarizing Justice Department appointees.

The state’s U.S. district court judges made the announcement in a brief order that did not offer any explanation for their decision. The order — signed by Renee Marie Bumb, the chief federal judge for the District of New Jersey — appointed Desiree Leigh Grace, a career prosecutor who Habba had named as her first assistant U.S. attorney as her replacement in the role.

The move, for now, means an end to Habba’s contentious tenure as New Jersey’s top federal prosecutor, which has seen her, in three months, open investigations into the state’s Democratic governor and attorney general as well as file felony assault charges against a Democratic member of Congress.

Trump could exercise several maneuvers to try to keep Habba in place or seek to appoint someone else to replace the judges’ pick.

The judges’ decision to reject the president’s appointee is an exceedingly rare move illustrating a growing tension between the Trump administration and the federal judiciary.

A spokesperson for Habba did not immediately return requests for comment Tuesday nor did spokespersons for the Justice Department or the White House. Administration officials have taken to social media in recent days to make clear that Habba still had the president’s support. Habba “has brought steady leadership and sound judgment as Interim U.S. attorney for New Jersey,” Deputy Attorney General Todd Blanche said in a post to X on Monday. “She has the full confidence of @POTUS and DOJ.”

He dismissed opposition to her nomination as “political noise.”

Trump appointed Habba — who had previously worked as his personal...

[Carry_Okie]

The one thing Democrats cannot comprehend is the magnitude and ubiquity of their systematic corruption. Yet every government agency and office is populated predominantly with Democrats, forming a social bubble with that hard shell through which light cannot penetrate. With the “fourth estate” similarly populated, as funded by advertising agencies of similar persuasion, it is no wonder they think the whole world thinks like they do.

[Sgt_Schultze]

Trump should dismiss the judge-selected substitute, Desiree Leigh Grace, and replace her with an alternate.

[Valpal1]

§546. Vacancies (d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

[zeebee]

Can’t he make a recess appointment when Congress is not in a session this summer?

[Sgt_Schultze]

If staffing the DoJ is a constitutionally prescribed procedure of the executive, there is no legitimate statutory law which can remove that function. A previous President cannot obviate the constitutional authorities of his successor by statute.

[montag813]

Not a Habba fan (b/c of her simping for the Tate brothers), but she is the President’s choice. Yet another judicial coup.

[DesertRhino]

When does the federal prosecutor have to be approved by the judge? They are confirmed by the Senate I’m bad at that.

[TexasGator]

This one not confirmed.

[DesertRhino]

He could. But I don’t think the Senate has been recessed yet. And I doubt they will go into recess this summer. Remember in his first term, Mitch McConnell kept the Senate in pro-forms session for his entire presidency to prevent him making any recess appointments.

[Valpal1]

The Department of Justice was established by Congress in 1870 by statute so its procedures are governed by statute.

This sucks and this is actually the 2nd one rejected by a federal district court. Northern NY also refused to accept its appointee as well.

This is Schumer’s doing.

Trump will have to appoint new picks and continue to do so every 120 days. Hope he has a very fine list of pit bulls.

[rfreedom4u]

Well then maybe she can replace Bondi!

[j.havenfarm]

I forget who that good guy in DC was, but this what happened to him. They pulled his nomination because the Senate wasn’t going to confirm him anyway, but his “acting” time in DC was ending, and presiding judge Boarsberg wasn’t going to appoint him

[US_MilitaryRules]

Can’t Trump just re-appoint her?

[jimjohn]

Can’t Trump just re-appoint her?

That’s what I was thinking. Else, appoint someone they actually hate, then re-appoint habba later.

[Valpal1]

I don’t think it’s ever been tried.

He should though, just to poke those judges in the eye.

[MayflowerMadam]

“As understand it was a temp. Appointment.”

Like Jeanine Pirro in DC — just interim. They’ll find a way to axe her before anything gets serious re Epstein, Obama, etc.

[Quentin Quarantino]

Smells like Insurrection to me.

[Sgt_Schultze]

Trump should pool 3 or 4 lawyers willing to be appointed to these positions. Then as each is allowed to lapse, a different one is appointed for their 120 days and in a round-robin tag team, they each serve continuously while periodically exchanging districts.

[PubliusMM]

That part is in the rules, Magnum44.
Another question is why didn’t the pubbies take any action on the appointment? They still have the majority...

[Valpal1]

Yes, he should. He’s got nothing to lose and everything to gain. Give Schumer an ulcer.