Judges oust Trump ally Alina Habba as New Jersey’s top prosecutor

Federal judges declined to keep President Donald Trump’s former personal attorney as New Jersey’s top federal prosecutor, exercising an arcane statute to rebuff the Trump administration’s wishes.

New Jersey district court judges voted to not let interim U.S. Attorney Alina Habba stay on the job after her 120-day interim term expires, instead picking prosecutor Desiree Leigh Grace, according to a court order posted to the judiciary’s website.

There is confusion about when the change is effective, with the court suggesting Grace’s appointment should begin today, but leaving open it could be another day.

Habba, who served as counselor to the president and as Trump’s personal attorney, was Trump’s pick to be New Jersey’s top federal prosecutor — a position she assumed in March on an interim basis.

The decision to pass on Habba at the 120-day deadline of her tenure sets up a potential showdown between the judiciary and the White House, since the Trump administration lobbied judges to give Habba the permanent slot. Federal law allows for the White House to fire U.S. attorneys, although it is unclear if Trump plans to do that to Grace.

“President Trump has full confidence in Alina Habba, whose work as acting U.S. Attorney for the District of New Jersey has made the Garden State and the nation safer,” White House spokesperson Harrison Fields said in a statement. “The Trump Administration looks forward to her final confirmation in the U.S. Senate and will work tirelessly to ensure the people of New Jersey are well represented.”

Grace is a registered Republican.

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