Federal judges in New Jersey initiated a constitutional debate last week by appointing Desiree Leigh Grace, a career prosecutor, as the state’s U.S. Attorney, succeeding Alina Habba, a former personal attorney to President Donald Trump. The Department of Justice quickly dismissed Grace just hours after her appointment, igniting an unprecedented conflict between the executive and judicial branches over control of federal prosecution authority.
The issue began 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 signed an order appointing Grace, previously Habba’s first assistant, as her successor. The judicial appointment followed the Senate stalling Trump’s nomination of Habba for the permanent role, due to opposition from New Jersey’s Democratic senators.
Attorney General Pam Bondi reacted swiftly to the judicial decision, announcing on social media that Grace had been removed from her role. Bondi described the federal judges as “politically minded” and asserted that “this Department of Justice does not tolerate rogue judges.” Deputy Attorney General Todd Blanche supported Bondi’s actions, accusing the judges of collaborating with New Jersey’s Democratic senators to displace Trump’s preferred candidate.
Grace, with nine years in the U.S. Attorney’s Office, joined the federal prosecutor’s team in 2016 after clerking in both New Jersey’s Supreme Court and the U.S. Court of Appeals for the Third Circuit. She was previously an associate at McCarter & English LLP before moving to 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 interim appointment as U.S. Attorney in March marked a significant shift from typical prosecutorial experience. The 41-year-old attorney had previously served as Trump’s personal lawyer and campaign spokesperson, representing him in various high-profile cases. She graduated from Lehigh University and Widener University Commonwealth Law School before focusing on civil litigation and corporate law in private practice. Prior to her role with Trump’s legal team, she was the managing partner at Habba Madaio & Associates in Bedminster, New Jersey.
During her short tenure as interim U.S. Attorney, Habba engaged in several politically sensitive prosecutions that attracted criticism from New Jersey’s Democratic senators. She brought charges against Newark, New Jersey Mayor Ras Baraka over an incident at an Immigration and Customs Enforcement detention center, though the trespassing charges were later dropped. Habba also prosecuted Representative LaMonica McIver, who faced three charges related to the same incident 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, Democrats from New Jersey, had previously criticized Habba’s performance, stating she had undermined the office and engaged in frivolous prosecutions. The senators argued that Habba did not meet the necessary standards to serve New Jersey’s residents. After Grace’s dismissal, both senators criticized the Justice Department’s actions as undermining judicial independence and the rule of law.
Judicial appointment of U.S. Attorneys is authorized by federal statute, allowing district courts to name temporary prosecutors when the Attorney General’s 120-day appointment ends without Senate confirmation. This provision has been used before, such as 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 expressed her determination on LinkedIn to assume the U.S. Attorney position lawfully. She highlighted her non-partisan service under both Republican and Democratic administrations and noted her four promotions over five years, including one from the current administration four months ago. Grace emphasized that political considerations had never influenced her prosecutorial work, and she was ready to serve based on merit.
The standoff intensified Thursday as Trump withdrew Habba’s nomination for the permanent position, allowing her to continue in an acting capacity. A Justice Department official confirmed the withdrawal, which bypasses federal restrictions limiting acting officers whose nominations are pending in the Senate. This move permits Habba to serve up to 210 days from the vacancy’s occurrence, extending her potential tenure beyond the initial 120-day limit.
The dispute remains unresolved, with both the Justice Department and federal judges claiming authority over the position. Grace’s legal status following her judicial appointment and subsequent dismissal by the Justice Department creates uncertainty about who has legitimate authority to lead the U.S. Attorney’s Office for the District of New Jersey. The White House stated that Trump maintains full confidence in Habba’s ability to serve the state’s residents, while the constitutional questions surrounding executive versus judicial appointment authority await resolution.
