Habba claims she’s still NJ’s top prosecutor after ruling

Kimberly Redmond//July 25, 2025//

Scales of justice

PHOTO: DEPOSIT PHOTOS

Scales of justice

PHOTO: DEPOSIT PHOTOS

Habba claims she’s still NJ’s top prosecutor after ruling

Kimberly Redmond//July 25, 2025//

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The basics:

  • Court named Desiree Grace as NJ’s U.S. attorney after Habba’s 120-day term
  • Trump, AG Pam Bondi reassert Habba in the role hours later
  • DOJ cites legal authority to keep Habba as acting U.S. attorney

President Donald Trump’s longtime personal attorney-turned-pick for U.S. attorney for the District of New Jersey, , said she plans to continue to serve as the state’s top federal prosecutor despite a judicial decision earlier this week not to extend her appointment.

In a July 24 social media post, Habba wrote, “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. I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in.”

A Justice Department spokesperson told Reuters the agency used a series of procedural maneuvers to try to work around the July 22 ruling by the U.S. District Court in New Jersey.

Back and forth

U.S. Sen. Andy Kim
Kim
U.S. Sen. Cory Booker
Booker

After being tapped as interim U.S. Attorney by Trump in March, Habba had 120 days to serve in that capacity. However, New Jersey Democratic Sens. Cory Booker and Andy Kim have publicly refused to endorse her, making a Senate confirmation for a full four-year term unlikely.

Ahead of her term’s expiration this week, New Jersey’s 17 federal judges declined to extend Habba’s tenure as interim and instead named Desiree Grace, first assistant in the state’s U.S. attorney’s office, as her replacement.

But hours later, Bondi said Grace had been removed and Habba was reinstalled.

According to Politico, Trump withdrew Habba’s formal nomination and then Bondi reappointed her first U.S. attorney.

As the office’s second-ranking official, Habba would automatically fill the now-vacant U.S. attorney post on a temporary basis, the outlet reported. Under federal statute, an acting U.S. attorney can serve 210 days after the vacancy starts.

Bondi posted on social media: “@USAttyHabba has been doing a great job in making NJ safe again. Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant. Accordingly, the First Assistant United States Attorney in New Jersey has just been removed. This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.”

However, Grace has said she is “prepared to follow” the judicial order and “begin to serve in accordance with the law.”

Longtime leader

In a July 23 LinkedIn post, she wrote:

It has been the honor of a lifetime to represent the United States and to serve the people of New Jersey for the last nine years. There’s no better place to work. There’s no mission more important. How lucky I’ve been to be guided by nothing more than the genuine desire to do the right thing for the right reason each and every day. I’ve served under both Republican and Democratic administrations. I’ve been promoted four times in the last five years by both — including four months ago by this administration. Politics never impacted my work at the Department. Priorities change, of course, and resources are shifted, but the work and the mission were steady.

Grace went on to describe the judge’s decision as one that will “forever be the greatest honor that they selected me on merit.” According to New Jersey Globe, she will officially assume the post Saturday.

It is not immediately clear if Grace or the district court judges will attempt to challenge the ‘s maneuvers.

Meanwhile, a White House spokesperson told The Associated Press that Trump has full confidence in Habba and would work to get her confirmed by the U.S. Senate.

Habba in office

Before joining the Trump administration, Habba represented the president in multiple legal battles over the years. A graduate of Widener University School of Law, Habba previously served as managing partner at Bedminster-based Habba Madaio & Associates LLP. There, she focused on civil litigation and corporate law.

U.S. Rep. LaMonica McIver, D-10th District, who represents Newark,
McIver
Baraka_Ras
Baraka

During her four-month tenure, Habba has made headlines for wrangling with two prominent New Jersey Democrats – Newark Mayor Ras Baraka and U.S. Rep. LaMonica McIver, D-10th District – over their visit to a privately run federal immigration detention center.

Baraka was charged with allegedly trespassing at the facility but those charges were later dropped. However, Baraka has since sued federal officials for “false arrest and malicious prosecution.”

Habba has also brought charges against McIver for allegedly “assaulting, impeding and interfering with law enforcement.” McIver recently pleaded not guilty.

Additionally, Habba has said she is investigating Gov. Phil Murphy and Attorney General Matthew Platkin over New Jersey’s directive barring local law enforcement from cooperating with federal agents conducting immigration enforcement.

Over the past few months, there’s also been reports of resignations in the U.S. Attorney for the District of New Jersey Office amid concerns Habba is politicizing a traditionally nonpartisan office. Morale has been low, as well, The New York Times and The Daily Beast reported.