Bondi rejects judges’ pick to lead U.S. Attorney’s Office in New Jersey

The leadership at the office of New Jersey’s top federal prosecutor became muddled Tuesday, as Attorney General Pam Bondi said she had removed the choice of a panel of federal judges to replace interim U.S. Attorney Alina Habba.

Habba, who previously represented President Donald Trump in personal cases and worked as a campaign spokesperson for him, had been appointed to the role in late March. Earlier this month, Trump sent her name to the U.S. Senate for confirmation for a full four-year term, though Habba had no prosecutorial experience prior to taking over the position. Habba’s work in the role drew opposition from New Jersey’s senators.

The Senate did not act on Habba’s formal nomination, and in a brief standing order issued Tuesday, New Jersey federal judges in an unusual move appointed Desiree Leigh Grace, a longtime prosecutor whom Habba named her first assistant earlier this year, as U.S. attorney for New Jersey. Grace’s appointment was effective as of Tuesday, or “upon the expiration of 120 days after appointment by the Attorney General” of the interim U.S. attorney, whichever is later, Chief U.S. District Judge Renée Bumb wrote in the order.

Following the order Tuesday, Bondi said in a social media post that Habba “has been doing a great job” and that Grace “has just been removed.”

“This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers,” Bondi said.

Bondi’s statement calls into question the judges’ order, and raises concerns over whether Grace’s apparent removal invalidates Tuesday’s order. It remained unclear late Tuesday if Grace’s appointment was enforceable.

The New Jersey U.S. Attorney’s Office did not immediately respond to a request for comment.

Tuesday’s order came shortly before Habba’s temporary appointment was set to expire. Under federal law, interim U.S. attorneys can stay in the role only for 120 days unless they are confirmed by the Senate or have their term extended by their jurisdiction’s district court. Neither scenario came to be Tuesday, but Deputy Attorney General Todd Blanche contended that Habba’s term was supposed to last until Friday.

Federal judges in New Jersey, Blanche said, were “trying to force out” Habba from the position.

“Their rush reveals what this was always about: a left-wing agenda, not the rule of law,” Blanche said in a statement on social media. “When judges act like activists, they undermine confidence in our justice system.”

Grace’s appointment by New Jersey’s federal judges came weeks after a rebuke of Habba by Democratic Sens. Andy Kim and Cory Booker. In a joint statement earlier this month, the pair said that Habba had “degraded the office and pursued frivolous and politically motivated prosecutions.” Habba, they added, “does not meet the standard to serve the people of New Jersey.”

Following the order Tuesday, Kim and Booker issued messages of support on social media. The state, Kim wrote, “deserves someone who will be measured and thoughtful in their considerations,” adding that he wished Grace luck in the position.

Booker also congratulated Grace, saying on social media that New Jersey ought to have a U.S. attorney who will enforce the law “in pursuit of the public interest and guided by the principles of impartiality and fairness.”

Habba previously worked as a partner at a law firm near Trump’s Bedminster golf course, and served as a senior adviser for the president’s political action committee. She has said she wanted to help the “cause” of flipping New Jersey red as the state’s top federal prosecutor.

Shortly after taking over the role, Habba ordered an investigation of Gov. Phil Murphy and state Attorney General Matthew Platkin, both of whom are Democrats, for allegedly refusing to cooperate with Trump’s immigration crackdown.

Habba later prosecuted Newark Mayor Ras Baraka and U.S. Rep. LaMonica McIver, also Democrats, over a May tussle with U.S. Immigration and Customs Enforcement outside Delaney Hall, the federal immigration detention center in Newark.

Baraka was arrested outside the facility, and Habba charged him with criminal trespassing but dropped the case nearly two weeks later. McIver was later charged with assault and has pleaded not guilty in the case, which remains ongoing.

Baraka filed a lawsuit against Habba in June that accused her of defamation and “false arrest and malicious prosecution.”

While the move from federal judges in New Jersey on Tuesday was an unusual one, it was not the first time a Trump nominee for U.S. attorney failed to receive support. Earlier this month, federal judges in the Northern District of New York declined to extend John A. Sarcone III’s term as chief federal prosecutor.

Sarcone, however, was appointed as a “special attorney” to Bondi, allowing him to hold U.S. attorney powers indefinitely, the New York Times reported.