Alina Habba, the former attorney for President Donald Trump and the outgoing U.S. attorney for New Jersey, is not fading into the background, as indicated by White House sources who claim that Trump has devised a strategy to retain her as a leading prosecutor after liberal judges refused to formalize her role.
On Tuesday, Habba faced a significant setback when a group of New Jersey judges appointed someone else to take her place as the state’s chief representative from the U.S. Justice Department, just days before her four-month term as an unconfirmed appointee was set to end.
It seemed that Habba’s only alternative would be to seek approval from the U.S. Senate Judiciary Committee, where she is the second nominee from Trump to face challenges in securing the required votes, following Ed Martin’s nomination for U.S. attorney for Washington, D.C., which was derailed.
By withdrawing that nomination, Trump believes he can bypass the Senate’s conventional authority and instead provide Habba with a second appointment — this time as First Assistant U.S. Attorney, a position that reports directly to U.S. Attorney General Pam Bondi.
Given that the New Jersey U.S. attorney position is currently unoccupied, Habba would be able to assume it immediately, avoiding the necessity for a full Senate vote.
It remains uncertain how Habba will address Desiree Leigh Grace, a career prosecutor whom New Jersey judges chose for the position over her. This decision has angered officials at the U.S. Justice Department, who were anticipating that Habba’s appointment would be approved without issue.
In a post on X Thursday evening, Habba stated, “Donald J. Trump is the 47th President. Pam Bondi serves as the Attorney General. And I am now the Acting United States Attorney for the District of New Jersey.”
In contrast to other nominees, Habba’s close association with Trump seems to have worked against her. She represented him in several civil trials during 2023 and 2024, frequently appearing on national television to criticize Democratic prosecutors for their purportedly politically-driven cases.
Habba also provoked the ire of senators on the Judiciary Committee due to her unsuccessful prosecution of Newark Mayor Ras Baraka, who was threatened with arrest in June after entering a restricted area of a federal immigration detention center during a protest.
Additionally, she sought an indictment against Congresswoman LaMonica McIver (D-NJ) for allegedly obstructing Baraka’s removal and for assaulting an immigration officer.
The choice to set Habba aside may lead to increased scrutiny of New Jersey’s federal judges by the DOJ, as Politico has learned from sources who did not disclose what actions the White House might consider to remove them from their positions.
On Wednesday, Grace expressed her gratitude to the judges for their selection and indicated her intention to take on the role next week.