Court names US attorney in NJ, DOJ calls move ‘rogue’
Federal judges in New Jersey have exercised a rarely used legal authority to appoint a new U.S. attorney after the 120-day term of Alina Habba, who had served in an acting capacity since March 2025. On Tuesday, July 22, the judges unanimously selected Desiree Leigh Grace — Habba’s first assistant and a veteran federal prosecutor — to take over the position. Chief Judge Renée Bumb issued the formal order appointing Grace earlier in the day.
Why did the court step in?
Under federal law, if a U.S. attorney isn’t confirmed by the Senate within 120 days, district court judges have the power to make an appointment. Habba had only been formally nominated on July 1 and had not received Senate approval.
How did the Justice Department respond?
Just hours after the judges appointed Grace, the Department of Justice announced her termination. Attorney General Pam Bondi criticized the court’s decision and described the judges as “rogue” and claiming they had undermined President Donald Trump’s constitutional authority.
A Justice Department official confirmed Grace is no longer with the agency.
Deputy Attorney General Todd Blanche, a close Trump ally, also criticized the judiciary’s move. “No partisan bench can override” the president’s decision, he posted on social media.
What role did politics play?
Habba, a former personal attorney to Trump, has been a polarizing nominee. Her confirmation faced strong opposition from New Jersey’s Democratic Sens. Cory Booker and Andy Kim, who backed Grace and sharply criticized her dismissal.
In a joint statement, the senators called the firing an attack on judicial independence.
During her short tenure, Habba led high-profile investigations targeting Democrats, including charges against Newark Mayor Ras Baraka and Rep. LaMonica McIver, N.J. The case against Baraka was later dropped. McIver has pleaded not guilty.
Grace, by contrast, is viewed as a career prosecutor with deep institutional knowledge. She previously led the criminal division in the New Jersey U.S. attorney’s office and has served as a federal prosecutor since 2016.
Ella Rae Greene, Editor In Chief
