The Department of Justice (DOJ) has removed Desiree Grace, a career prosecutor and Alina Habba’s top assistant, from her role as interim U.S. Attorney for the District of New Jersey. This decision came after federal judges voted to replace Habba, whom they had initially appointed as U.S. Attorney. However, the DOJ swiftly acted to dismiss Grace, raising questions about who will now take over the office. Alina Habba, a Trump-appointed U.S. Attorney, was set to complete her 120-day term, but the judges voted to replace her with Grace. The DOJ’s move to fire Grace has sparked debate over the role of judicial oversight versus executive authority in selecting federal prosecutors.
Grace’s appointment as interim U.S. Attorney was approved by the New Jersey federal bench, which consisted largely of judges appointed by Democratic presidents. This decision was seen as a significant shift, as it contradicted the Trump administration’s preference for Habba. However, the DOJ quickly moved to dismiss Grace, citing concerns about judicial overreach and potential violations of Article II powers. Attorney General Pam Bondi emphasized that the DOJ would not tolerate judges who threatened the President’s constitutional authority.
Habba, who had been serving as U.S. Attorney for the past 120 days, faced criticism for her actions, including the arrest of Newark’s Democratic mayor, Ras Baraka, over a trespassing charge at an immigration detention facility. While Habba initially dropped the charges, a judge criticized her decision, suggesting it was an attempt to appease public sentiment. Baraka later sued Habba for defamation. Despite these controversies, Habba had garnered support from several law enforcement groups and was nominated by the Trump administration for a full four-year term.
The Senate’s “blue slip” tradition is another factor in the controversy. New Jersey’s Democratic senators, Cory Booker and Andy Kim, declined to support Habba’s nomination, which could complicate her confirmation. Prior to her termination, Booker had publicly endorsed Grace, indicating a potential alignment of interests between the judiciary and Democratic lawmakers. This situation underscores the tension between judicial independence and executive power in the appointment of high-ranking federal officials.
The DOJ’s swift action to remove Grace has left the interim leadership vacuum in New Jersey, with no clear successor identified yet. Trump’s office may explore alternative measures to ensure continued oversight, such as temporarily reinstating another U.S. Attorney, as was recently done in the Northern District of New York. Deputy Attorney General Todd Blanche defended Habba’s tenure, stating that the judges were attempting to remove her prematurely and that her term was not yet over. This incident highlights the growing political polarization within the judiciary and executive branch, with each side framing the dispute as a matter of constitutional integrity.