A panel of federal judges in New Jersey has declined to extend the term of Alina Habba, President Donald Trump’s controversial interim pick for U.S. Attorney in the state — but Attorney General Pam Bondi isn’t accepting the move quietly.
Habba, who was sworn in on March 28, had been serving as the acting U.S. Attorney for New Jersey under a 120-day appointment set to expire July 26. However, in the absence of Senate confirmation, a panel of 17 federal judges — the majority appointed by Presidents Barack Obama and Joe Biden — voted against extending her tenure, opting instead to elevate her deputy, Desiree Leigh Grace.
Bondi swiftly fired back.
Posting to X (formerly Twitter) on Tuesday night, Bondi announced the removal of Grace, whom Habba herself had named First Assistant U.S. Attorney earlier this year. “Accordingly, the First Assistant United States Attorney in New Jersey has just been removed,” Bondi wrote. “This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.”
Bondi defended Habba’s performance, claiming she had been “doing a great job in making NJ safe again,” and implied the judges’ vote was politically motivated.
Deputy Attorney General Todd Blanche echoed that sentiment, accusing the judges of attempting to “force out [Habba] before her term expires.” He criticized the judiciary for what he called “activist behavior” that undermines public trust.
The battle comes amid broader tension between the Trump-aligned Justice Department leadership and federal judges. Habba, a former Trump personal attorney with no prosecutorial background, faced fierce opposition from Senate Democrats, including New Jersey’s own Senators Cory Booker and Andy Kim, who refused to submit the traditional “blue slips” required to move her nomination forward.
Without Senate confirmation or a judicial extension, Habba’s options are limited. However, Bondi may attempt to replicate a workaround used in New York, where Trump’s Albany pick, John Sarcone, sidestepped rejection by being named a special assistant U.S. attorney — effectively acting as the district’s top prosecutor indefinitely.
The rejection of Habba’s appointment has also triggered political backlash. House Minority Leader Hakeem Jeffries (D-NY) publicly condemned her, accusing her of politically motivated charges against Democratic Rep. LaMonica McIver stemming from a protest at a Newark immigration detention center. Jeffries called Habba “a woefully unqualified political hack” in a July 18 post on X.
That statement led to a formal complaint from the conservative legal group Article III Project, which filed an ethics complaint against Jeffries, accusing him of attempting to improperly influence the judiciary. The group’s president, Mike Davis, claimed Jeffries “corruptly strong-armed” the judges into rejecting Habba.
As of now, it remains unclear whether Bondi will install Habba in a special assistant role similar to Sarcone’s — potentially keeping her in power despite the judiciary’s refusal to extend her term.
With Habba’s official term ending at 11:59 p.m. Friday, the showdown between the executive and judicial branches over her future is far from over.
