Interim U.S. Attorney Alina Habba’s future as New Jersey’s top federal prosecutor was thrown into doubt Tuesday after district court judges voted not to extend her tenure.
With her 120-day term set to expire, the judges met behind closed doors Monday and opted to replace her with Desiree Grace, a longtime prosecutor and Habba’s top deputy. Grace will assume the role on an interim basis starting Tuesday, according to a court order.
Habba, who previously served as President Donald Trump’s personal attorney and legal spokesperson during his campaign, drew controversy shortly after taking office. In May, Habba had Newark’s Democratic Mayor Ras Baraka arrested for allegedly trespassing at an immigration detention center.
However, she swiftly dropped the charges after a judge criticized the move, accusing her of trying to “satisfy public clamor.” Baraka has since filed a defamation lawsuit against Habba. Trump made it clear he wants Alina Habba to remain as U.S. attorney, formally nominating her earlier this month for a full four-year term. She has won endorsements from several law enforcement groups, who praised her as a tough-on-crime prosecutor focused on street violence.
However, Habba has faced sharp criticism for lacking prosecutorial experience and for politicizing the position. Shortly after taking office, she said on a conservative podcast that she hoped to help “turn New Jersey red.”
Her nomination currently has no path forward in the Senate, as both of New Jersey’s Democratic senators, Cory Booker and Andy Kim, submitted blue slips opposing her confirmation. Trump has previously used a workaround to temporarily reinstall the U.S. attorney for the Northern District of New York under similar circumstances.
Meanwhile, the Trump administration accused the New Jersey judges of also playing politics. Deputy Attorney General Todd Blanche defended Habba on Tuesday, accusing the judges—most of whom were appointed by Democratic presidents—of “trying to force her out early.”
“Their rush reveals what this was always about: a left-wing agenda, not the rule of law,” Blanche wrote on X. “When judges act like activists, they undermine confidence in our justice system. Alina is President Trump’s choice to lead—and no partisan bench can override that.”
