Habba tells staff she loves her job, hopes to stay as she awaits judicial meeting (Updated)

U.S. Attorney Alina Habba told her staff on Thursday that her tenure as a federal prosecutor could come to an end on Tuesday when she hits the 120-day limit for appointments made by the U.S. Attorney General, but she hopes to continue in her role beyond that as she faces the uncertainties of a meeting of federal judges on Monday.

An individual with direct knowledge of the meeting, who spoke on the condition of anonymity, said earlier this morning that Habba had said she expected to depart next week.

But another person who attended the meeting disputed any account that she announced her departure in yesterday’s staff meeting, saying the interpretation was mischaracterized, and that Habba addressed the uncertainties of her tenure in advance of a meeting of New Jersey’s U.S. District Court judges.

That person said Habba told prosecutors and other staff something different: “I don’t know what’s going to happen, and I’m grateful for my time.  This is an amazing office, and I hope I can stay.”

The New Jersey Globe first reported the judicial meeting and the possibility of a choice between two potential candidates, both registered Republicans: First Assistant U.S. Attorney Desiree Grace and former U.S. District Court Judge Noel Lawrence Hillman.

The judges could also opt to appoint Habba, whose nomination by President Donald Trump has stalled in the U.S. Senate, where Democrats Cory Booker and Andy Kim have said they won’t sign off on her.

If the judges take no action, Grace would become acting U.S. Attorney until either a vote of the judges or the Senate confirms President Donald Trump’s nominee. Trump nominated Habba for a full term as U.S. Attorney on July 1, but New Jersey’s two Democratic U.S. Senators,

Under those circumstances, it’s unclear if Trump will withdraw Habba’s nomination.

Once the judges vote, U.S. Attorney Pam Bondi would not have the authority to remove their pick – but Trump could.  If there’s no vote, Grace could serve for up to 210 days.

Also to be determined: Will a new U.S. Attorney continue the prosecution of Rep. LaMonica McIver (D-Newark)?

During his first term, Trump never formally nominated a U.S. Attorney from New Jersey.  Craig Carpenito was acting U.S. Attorney in early 2018; then the federal judges voted to appoint him.  But in that situation, Carpenito was Trump’s choice.

At Bondi’s confirmation hearing in January, Booker stated that Carpenito’s nomination came despite his objection, but ultimately praised his tenure.

“I was wrong in my anticipation that he would not do good things in our state,” Booker said. “He partnered with local leaders like those in Newark, New Jersey, to dramatically drive down crime.  He was good for the safety of the city in which I live and the one that I led.”

This story was updated at 9:52 AM to reflect conversations with others who attended the meeting.