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DOJ fires US attorney for New Jersey after state picks her over former Trump lawyer Alina Habba

8:19
Alina Habba / X
DOJ fires US attorney for New Jersey after state picks her over Alina Habba
Pool via AP, FILE
ByAaron Katersky and Peter Charalambous
July 22, 2025, 9:51 PM

The Justice Department on Tuesday said it fired Desiree Leigh Grace as the newly appointed U.S. Attorney for the District of New Jersey, hours after federal judges in the state chose her over President Donald Trump's pick, Alina Habba.

The announcement came after federal judges in New Jersey opted not to appoint Habba, Trump's former personal attorney, as the state's top federal prosecutor on a permanent basis. Trump appointed Habba as the state's interim U.S. attorney in March.

"This Department of Justice does not tolerate rogue judges -- especially when they threaten the President's core Article II powers," Attorney General Pam Bondi posted on X in announcing Grace's firing.

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Grace was Habba's first assistant before district judges elevated her to the top job, setting up Habba's ouster.

Habba was awaiting Senate confirmation when her 120-day term as interim U.S. attorney expired this week.

Federal law gives district judges the authority to name a United States attorney if the president's nominee is not acted upon by the U.S. Senate within 120 days.

Previous Justice Departments have recognized that district judges have the authority to name a United States attorney if the president's nominee is not acted upon by the U.S. Senate within 120 days.

It's unclear if the Trump Justice Department now believes it can bypass that process or if it plans to seek Senate confirmation for Habba.

Alina Habba speaks after being sworn in as interim US Attorney General for New Jersey, in the Oval Office of the White House, March 28, 2025.
Pool via AP, FILE

Grace, a nine-year career prosecutor, previously ran the New Jersey office's criminal division.

Habba served as Trump's legal spokesperson in several cases after he left the White House in 2021.

When Trump reassumed the presidency this year, she was one of at least four of his defense attorneys to be named to posts in his administration, including Todd Blanche, Emil Bove and John Sauer.

"Alina is President Trump's choice to lead," Blanche, the deputy attorney general, said on social media after the judges announced Grace's promotion earlier Tuesday. "No partisan bench can override that."

In her tenure as interim U.S. attorney, Habba made a mark in politically charged cases, bringing prosecutions against Newark Mayor Ras Baraka and U.S. Rep. LaMonica McIver, both Democrats.

She also challenged New Jersey State Police over sanctuary policies related to immigration enforcement.

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