Deputy AG accuses judges of ‘act[ing] like activists’ in bypassing Habba

After New Jersey’s federal judges declined to extend acting U.S. Attorney Alina Habba’s tenure beyond its expiration date today, one top figure in President Donald Trump’s Justice Department is signaling that the Trump administration is not happy.

U.S. Deputy Attorney General Todd Blanche, who had personally reached out to chief District Court judge Renée Bumb to convey the Trump administration’s support for Habba prior to yesterday’s meeting, criticized the decision by judges to dump Habba in favor of her own deputy, First Assistant U.S. Attorney Desiree Grace.

“The district court judges in NJ are trying to force out [Habba] before her term expires at 11:59 p.m. Friday,” Blanche wrote on social media. “Their rush reveals what this was always about: a left-wing agenda, not the rule of law. 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.”

Blanche’s post is a signal that Trump may be looking at firing Grace and finding a method of placing Habba back in the U.S. Attorney’s office; the president himself has yet to say anything about the judges’ decision on Truth Social, where he frequently announces hiring decisions (including Habba’s).

Habba, Trump’s former personal attorney, was named to the post “effective immediately” on March 24, and immediately began making waves as a more confrontational and openly partisan prosecutor than her predecessors. As acting U.S. Attorney, though, Habba was constrained by a 120-day limit on her tenure unless she could get confirmed by the U.S. Senate. (The 120-day mark arrived today, though Habba was not officially sworn in until March 28, which may be why Blanche is arguing that her tenure doesn’t end until Friday.)

Trump submitted Habba’s nomination to the Senate at the beginning of this month, but facing opposition from Senators Cory Booker and Andy Kim, the nomination failed to make headway. 

That prompted a meeting yesterday of New Jersey’s District Court judges, who are given the authority to choose new U.S. Attorneys in the event that an acting officeholder’s term expires. They chose not to extend Habba’s tenure and instead appointed Grace, with former District Court Judge Noel Hillman also being a contender for the job; both Grace and Hillman are registered Republicans.

Booker, for his part, reacted equanimously to Grace’s appointment, noting her lengthy tenure in the U.S. Attorney’s office under both Democratic and Republican presidents.

“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 said. “The people of New Jersey deserve a United States Attorney who will enforce the law without fear or favor, always in pursuit of the public interest and guided by the principles of impartiality and fairness.”

Kim also had a positive reaction to Grace’s appointment, saying he was “grateful” that the judges had chosen her for the role.

“I am grateful to see that New Jersey’s District Court judges succeeded in appointing Desiree Grace as New Jersey’s U.S. Attorney,” Kim said. “I hope to see her exercise the same judgement and reason in this new position. New Jersey deserves someone who will be measured and thoughtful in their considerations, and a US attorney who will honor the rule of law above all else. I wish Desiree good luck in this endeavor as she helps us fight for a better New Jersey.”

This story was updated at 3:30 p.m. with comment from Kim.