Federal judges in New Jersey initiated a constitutional dispute by appointing Desiree Leigh Grace, a seasoned prosecutor, as the U.S. Attorney for the state, replacing Alina Habba, former personal attorney to President Donald Trump. The Department of Justice dismissed Grace only hours after her appointment, leading to a rare conflict between the executive and judicial branches regarding federal prosecutorial powers.
The disagreement started on Tuesday, July 22, as Habba’s 120-day interim term as U.S. Attorney for the District of New Jersey neared its end. Chief U.S. District Judge Renée Marie Bumb issued an order assigning Grace, who was Habba’s first assistant, as her successor. This appointment occurred after Trump’s nomination of Habba for a permanent role stalled in the Senate due to opposition from New Jersey’s Democratic senators.
Attorney General Pam Bondi quickly reacted to the judges’ appointment, announcing on social media that Grace had been removed from her role. Bondi described the federal judges as “politically minded” and stated that “this Department of Justice does not tolerate rogue judges.” Deputy Attorney General Todd Blanche supported Bondi, alleging that the judges collaborated with New Jersey’s Democratic senators to oust Trump’s preferred candidate.
Grace, who has served nine years with the U.S. Attorney’s Office, joined in 2016 after clerking for New Jersey’s Supreme Court and the U.S. Court of Appeals for the Third Circuit. Previously, she worked at McCarter & English LLP before joining federal service. During her tenure, Grace held several leadership roles, including acting chief of the Violent Crimes Unit from August 2020 to January 2021 and chief of the Criminal Division from March 2024 to April 2025.
Habba’s appointment as interim U.S. Attorney in March marked a shift from traditional prosecutorial backgrounds. The 41-year-old attorney formerly served as Trump’s personal lawyer and campaign spokesperson, representing him in several high-profile cases. She is a graduate of Lehigh University and Widener University Commonwealth Law School, with a background in civil litigation and corporate law prior to her work with Trump’s legal team. Before this, she was managing partner at Habba Madaio & Associates in Bedminster, New Jersey.
During her short tenure as interim U.S. Attorney, Habba initiated politically sensitive prosecutions, attracting criticism from New Jersey’s Democratic senators. She charged Newark, New Jersey, Mayor Ras Baraka following an incident at an Immigration and Customs Enforcement center, although she later dropped the trespassing charges. Habba also prosecuted Representative LaMonica McIver, who faced three charges related to the same event and pleaded not guilty. Additionally, she initiated investigations into Governor Phil Murphy and state Attorney General Matthew Platkin for allegedly not cooperating with Trump’s immigration policies.
Senators Cory Booker and Andy Kim, both Democrats from New Jersey, had criticized Habba’s performance, arguing she had lowered the office’s standards and engaged in frivolous prosecutions. They suggested Habba lacked the qualifications to serve New Jersey’s populace. Following Grace’s dismissal, the senators condemned the Justice Department’s actions as undermining judicial independence and the rule of law.
The power for judicial appointment of U.S. Attorneys comes from federal law, allowing district courts to appoint temporary prosecutors when the Attorney General’s 120-day term ends without Senate confirmation. This statute has been utilized before, including during Trump’s first term, when New Jersey district courts appointed Craig Carpenito as U.S. Attorney in 2018. Similar appointments occurred in New Mexico in 2008 and in Manhattan, New York, in 2018.
Grace posted a message on LinkedIn, expressing her resolve to fulfill the U.S. Attorney role as per the law. She highlighted her non-partisan service under both Republican and Democratic administrations, noting four promotions in five years, including one from the current administration four months earlier. Grace asserted that her prosecutorial work was never politically motivated and that she was ready to serve based on merit.
The situation escalated Thursday when Trump withdrew Habba’s nomination for the permanent position, allowing her to continue in an acting capacity. A Justice Department official confirmed this withdrawal, which bypasses federal restrictions on acting officials whose nominations are pending in the Senate. This move permits Habba to serve up to 210 days from the vacancy’s onset, extending her potential term beyond the original 120-day limit.
The conflict remains unresolved, with both the Justice Department and federal judges asserting authority over the position. The legal standing of Grace following her appointment and subsequent dismissal by the Justice Department leaves questions about who holds legitimate authority to lead the U.S. Attorney’s Office for the District of New Jersey. The White House announced Trump’s continued confidence in Habba’s capability to serve the state’s residents, while constitutional issues regarding executive versus judicial appointment authority await resolution.
