A panel of federal judges has declined to extend Alina Habba’s term as a United States attorney for the district of New Jersey beyond the interim period of 120 days. The decision brings Habba’s brief tenure to an end for now, and the judges instead elevated Desiree Grace, Habba’s deputy at the US Attorney’s Office in New Jersey, to serve as the bureau’s top federal prosecutor.
However, the Trump administration quickly denounced the judges’ decision as political activism and fired Grace from the role before she could even take up the post. Attorney General Pam Bondi wrote on social media, “Alina Habba 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… This Department of Justice does not tolerate rogue judges.”
Habba’s time as interim US attorney has sparked controversy, with critics accusing her of carrying out politically motivated prosecutions. During her four-month tenure, she pursued cases against several Democratic lawmakers, including Newark Mayor Ras Baraka and US Representative LaMonica McIver. Both prosecutions stemmed from an effort by lawmakers to visit and inspect an immigrant detention facility in New Jersey.
The incident in question took place on May 9 at the Delaney Hall detention centre outside of Newark, where Baraka had repeatedly protested the newly opened facility for allegedly lacking the proper local permits. According to Baraka’s defence team, he was invited inside the Delaney Hall gate along with members of the US Congress, who have a right to inspect federal facilities as part of their oversight duties.
Habba later announced charges against Baraka, but dropped them after extensive consideration. US Magistrate Judge Andre Espinosa criticized Habba’s office for making a “worrisome misstep” and warned that arresting a public figure should not be used as an “investigative tool.” Baraka has since sued Habba over “malicious prosecution.”
Habba’s ties to Trump have also raised questions about her impartiality as a prosecutor. Before joining the Trump administration, Habba served as the president’s personal lawyer, representing him in several civil cases. Trump has signalled that he had hopes to keep Habba in her position, submitting a formal nomination to the US Senate for her to remain a US attorney.
However, the nomination faces opposition from New Jersey Senators Cory Booker and Andy Kim, who question whether Habba is qualified. Habba had not worked as a prosecutor until Trump appointed her to the role, and the Senate has yet to act on her nomination.