TRENTON, N.J. (AP) — President Donald Trump has moved to keep his former defense attorney Alina Habba on the job as the top federal prosecutor in New Jersey, even though a panel of judges refused to extend her tenure.
Habba’s term was set to expire this week, and federal judges in New Jersey had moved to appoint someone else to the position. But the Republican president on Thursday withdrew Habba’s nomination to hold the role permanently, setting in motion a series of steps that allow her to transition from being an interim U.S. attorney to an acting U.S. attorney and remain in the job for the next 210 days.
“Donald J. Trump is the 47th President. Pam Bondi is the Attorney General. And I am now the Acting United States Attorney for the District of New Jersey,” Habba posted on X. “I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in.”
The Trump administration’s decision resolves what had threatened to become a high-profile clash over who would serve as New Jersey’s top prosecutor, a post with sweeping authority over public corruption, violent crime and organized crime cases. The move allows Habba, one of the most visible and controversial U.S. attorneys in the country, to remain in charge and cements the administration’s preference for loyalists in key Justice Department positions.
Habba, who became interim U.S. attorney for the state in March, appeared to lose the position on Tuesday when judges in the district declined to keep her in the post while she awaited confirmation by the U.S. Senate. Instead, the judges appointed one of Habba’s subordinates, Desiree Leigh Grace, to take her place.
But hours later, Bondi removed Grace, accusing the judges who replaced Habba of being “rogue” and “politically minded.”
In a post on LinkedIn, Grace addressed her appointment by the district’s judges, saying it would “forever be the greatest honor that they selected me on merit.”
Habba, whose term as interim U.S. attorney was set to end Friday, was designated as acting United States attorney, a Justice Department official said. Federal law would have precluded her from serving as acting U.S. attorney while her nomination for the role was pending in the Senate.
During her four months as interim U.S. attorney, Habba’s office tangled with two prominent New Jersey Democrats — Newark Mayor Ras Baraka and U.S. Rep. LaMonica McIver — over their actions during a chaotic visit to a privately operated immigration detention center in the state’s largest city.
Baraka was arrested on a trespass charge stemming from his attempt to join a congressional visit of the facility. Baraka denied any wrongdoing, and Habba eventually dropped that charge. U.S. Magistrate Judge Andre Espinosa rebuked Habba’s office over the arrest and short-lived prosecution, calling it a “worrisome misstep.” Baraka is now suing Habba over what he says was a “malicious prosecution.”
Habba then brought assault charges against McIver, whose district includes Newark, over physical contact she made with law enforcement officials as Baraka was being arrested.
The prosecution, which is pending, is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption. McIver denies that anything she did amounted to assault.
Besides the prosecution of McIver, Habba had announced she launched an investigation into New Jersey’s Democratic governor, Phil Murphy, and attorney general, Matt Platkin, over the state’s directive barring local law enforcement from cooperating with federal agents conducting immigration enforcement.
In social media posts, Habba highlighted her office’s prosecution of drug traffickers, including against 30 members of a fentanyl and crack cocaine ring in Newark.
Trump had formally nominated Habba as his pick for U.S. attorney on July 1, but the state’s two Democratic U.S. senators, Cory Booker and Andy Kim, signaled their opposition to her appointment. Under a long-standing Senate practice known as senatorial courtesy, a nomination can stall out without backing from home state senators, a phenomenon facing a handful of other Trump picks for U.S. attorney.
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Associated Press journalist Carolyn Thompson in Buffalo, N.Y., contributed to this report.
