Alina Habba, the acting U.S. attorney for New Jersey and a loyal former legal advisor to President Donald Trump, isn't backing down from a courtroom showdown that's testing the limits of federal vacancy rules.
After federal judges opted not to extend her initial 120-day interim term and instead appointed her deputy, Desiree Grace, as a replacement, Attorney General Pam Bondi fired Grace, prompting Habba to resign and get reappointed to a new acting role with a 210-day limit amid Senate stalls on her permanent nomination, as Fox News reports.
Trump, now serving as the 47th president, stood by Habba during her White House swearing-in as interim U.S. attorney for New Jersey on March 28. This move highlighted Trump's trust in Habba, who had previously served as his defense attorney. Yet, the clock was ticking on her 120-day term under federal vacancy laws.
Those laws empowered New Jersey's district court judges to decide whether to extend Habba's role or select a successor. In an unusual step, they voted against the extension and chose Grace, Habba's second-in-command and a career prosecutor since 2016. Grace expressed gratitude, saying it was "the honor of a lifetime to represent the United States and to serve the people of New Jersey."
Grace added that the judges selected her "to serve as the United States Attorney for the District of New Jersey." She emphasized her readiness, noting, "It will forever be the greatest honor that they selected me on merit, and I’m prepared to follow that Order and begin to serve under the law." But this appointment, set for Saturday, hit a wall fast.
The Department of Justice, under Bondi, quickly fired Grace, leaving the position in limbo. A DOJ spokesman confirmed to Fox News Digital that Habba had shifted from interim to acting U.S. attorney. This swift action underscored the administration's determination to keep Habba in charge, navigating the arcane rules with precision.
Before her interim term expired on Friday, Habba resigned, Fox News Digital learned. She was then reappointed as acting U.S. attorney, which carries a 210-day term limit. This maneuver sidestepped the judges' decision, but it raised questions about whether their vote for Grace remains valid.
The changes could spark legal confusion and even a court battle. Habba, undeterred, declared at the 2025 Conservative Political Action Conference in Oxon Hill, Maryland: "Donald J. Trump is the 47th President. Pam Bondi is the Attorney General. And I am now the Acting United States Attorney for the District of New Jersey."
Habba's stance reflects a no-nonsense approach to justice, free from what some see as partisan meddling. She asserted that she does "not cower" to pressure. In her words: "I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in."
Trump has nominated Habba for the full four-year permanent position as U.S. attorney. That role needs Senate confirmation. However, New Jersey's Democratic senators, Cory Booker and Andy Kim, are blocking it through the Senate's blue slip tradition.
A source familiar with the matter noted that the Trump administration hasn't submitted vetting materials for Habba's nomination yet. This delay adds another layer to the saga. Booker criticized the firing of Grace as a violation of the law, calling it "another blatant attempt to intimidate anyone that doesn’t agree with them and undermine judicial independence."
Booker further stated: "This Administration may not like the law, but they are not above it." His remarks highlight the partisan divide, yet they overlook how vacancy laws allow for such administrative flexibility. Habba's team views this as overreach by opponents unwilling to give a fair shake.
Grace had planned to be sworn in on Saturday per the judges' order. Now, with her dismissal, the path forward remains murky. Habba's new acting status buys time, but the potential for litigation looms large.
The episode showcases the tensions in balancing judicial authority with executive prerogatives. Habba's refusal to step aside quietly signals a commitment to Trump's vision of unyielding law enforcement. It's a reminder that in Washington, even procedural battles can reveal deeper fights over control.
Ultimately, Habba plans to stay put in her temporary role, embodying resilience amid the storm. Her story is one of loyalty and grit, challenging critics to reconsider knee-jerk opposition. As the dust settles, New Jersey's federal prosecutions hang in a delicate balance, waiting for resolution.
