President Donald Trump has reaffirmed his support for Alina Habba, the interim U.S. attorney in New Jersey, amid a contentious legal battle between the Department of Justice (DOJ) and federal judges. When the district court judges in New Jersey chose to replace Habba with her assistant, Desiree Grace, the DOJ swiftly intervened, firing Grace and leaving the position of interim U.S. attorney in limbo. Habba’s term, which had been extended by the court for 120 days, is set to expire this week, raising critical questions about who will take over the role as of Saturday.
Trump’s administration, through White House spokesperson Harrison Fields, has publicly backed Habba’s nomination for a permanent U.S. attorney position, which requires Senate confirmation. However, Sen. Cory Booker and Andy Kim, both Democrats from New Jersey, have stalled the process by blocking her nomination through the Senate’s ‘blue slip’ tradition. Despite the DOJ’s efforts, the Senate has not yet received materials to vet Habba’s nomination, raising concerns about political interference.
The conflict has also triggered questions about the DOJ’s authority to appoint U.S. attorneys. While Trump’s administration asserts that the judges overstepped their power by replacing Habba, legal experts like Stanford Law School professor Anne Joseph O’Connell suggest potential workarounds, such as reappointing Habba for another term or invoking the Vacancies Act to name a different acting U.S. attorney. Meanwhile, the legal battle has drawn sharp criticism from Democrats, who accuse the DOJ of undermining judicial independence through political pressure.