Judges vote against extending Alina Habba’s term as US attorney in New Jersey

Interim U.S. Attorney Alina Habba’s future as the top prosecutor in the District of New Jersey was thrust into uncertainty Tuesday after district court judges voted against keeping her in the role.

Habba’s 120-day term is set to expire, and after convening behind closed doors Monday to consider extending her term, the judges voted to replace her with Desiree Grace, a career attorney and Habba’s top assistant. Grace will take over the post temporarily beginning Tuesday, according to a court order.

Habba, who served as President Donald Trump’s personal lawyer and legal spokeswoman during his campaign, stirred controversy soon after she ascended to U.S. attorney.

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She had Newark’s Democratic mayor, Ras Baraka, arrested in May for allegedly trespassing in an immigration detention facility. But Habba quickly dropped the charges, and a judge scolded her for the move, suggesting she was attempting to “satisfy public clamor.” Baraka is now suing Habba for defamation.

Trump made clear this month he wanted to keep Habba as U.S. attorney, nominating her for the full four-year position earlier this month. Habba also nabbed endorsements from several law enforcement groups, who praised her as a tough prosecutor who would prioritize street crime.

But Habba has also been heavily criticized for having no prior prosecutorial experience and politicizing the role, including by saying on a right-wing podcast after she took the job that she hoped to help “turn New Jersey red.” 

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Habba has no current path to Senate confirmation after New Jersey’s two Democratic senators, Cory Booker and Andy Kim, declined to give favorable recommendations for her as part of the Senate’s “blue slip” tradition.

Booker congratulated Grace in a statement Tuesday.

“I respect the District Court’s decision today to exercise its authority to appoint a new United States Attorney for the District of New Jersey and congratulate Desiree Grace, who has served as a prosecutor in the office since 2016, on her appointment,” Booker wrote, adding that New Jerseyans deserve an attorney “who will enforce the law without fear or favor.”

Trump found a roundabout way to temporarily reinstate the U.S. attorney for the Northern District of New York, who had been in a situation similar to Habba’s. Fox News Digital reached out to the White House for comment.

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Deputy Attorney General Todd Blanche defended Habba in a statement on Tuesday, saying the judges, most of whom were appointed by Democratic presidents, were “trying to force out” Habba early and that her term did not end until Friday.

“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.”

Fox News’ Bill Mears contributed to this report.