An unprecedented legal and political standoff erupted in New Jersey on Monday after a panel of federal judges ousted Alina Habba, a controversial Trump appointee serving as interim U.S. Attorney, and installed her top deputy in her place—only for the Department of Justice to swiftly fire the replacement hours later.
On Monday, as Habba’s 120-day interim term reached its legal expiration, the 17 judges of the U.S. District Court for New Jersey exercised their statutory authority to appoint a replacement, naming First Assistant U.S. Attorney Desiree Leigh Grace, a career prosecutor with nine years in the office, to serve as interim chief federal prosecutor.
According to the order signed by Chief Judge Renée Marie Bumb, Grace’s appointment was set to be “effective July 22, 2025, or ‘upon the expiration of 120 days after appointment by the Attorney General’ of the Interim U.S. Attorney Alina Habba, whichever is later.”
Habba was appointed to her position on march 24, but was not sworn in until March 28, leading to some confusion, reflected in the judge’s letter, when her term officially ends.
Federal law allows district courts to intervene if an interim U.S. attorney has not received Senate approval within 120 days.
However, the Justice Department immediately pushed back, with U.S. Attorney general Pam Bondi ordering the immediate firing of Grace.
“This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers,” Bondi wrote in a social media post. “Accordingly, the First Assistant United States Attorney in New Jersey has just been removed,” she added.
But it’s not clear if her firing will prevent her appointment to the top prosecutor role, as the judges can appoint someone from outside the department.
The removal of Grace was condemned by New Jersey’s two U.S. Senators. “The firing of a career public servant, lawfully appointed by the court, is another blatant attempt to intimidate anyone that doesn’t agree with them and undermine judicial independence,” Cory Booker and Andy Kim from New Jersey said in a joint statement.
Habba was previously a partner at a small law firm located near President Trump’s Bedminster golf course, which is where she got to know the president after she defended him in several of his civil lawsuits. She later served as a senior adviser for his political action committee and was named counselor to the president after Trump won his election last November.
U.S. attorneys are the chief federal law enforcement officers in their respective districts and have wide latitude to pursue a litany of cases. The U.S. Attorney in New Jersey oversees about 150 federal prosecutors.
They usually serve four-year terms at the pleasure of the president and resign when a new presidential administration takes office. The former U.S. Attorney for New Jersey, Phil Sellinger, resigned from his position earlier this year.
