Pam Bondi’s Firing of Court-Appointed Prosecutor and Defiant Support for Trump Pick Alina Habba Set Up a Likely Supreme Court Clash

The firing by Attorney General Bondi of a federal prosecutor whom New Jersey’s federal courts had named to replace the acting United States attorney for the Garden State, Alina Habba, escalates tension between the Trump administration and the federal bench.The judges declined to extend Ms. Habba’s tenure as New Jersey’s top federal prosecutor after her 120-day interim period ended. Instead, they chose to elevate another attorney, Desiree Leigh Grace. Ms. Grace was then terminated by the Department of Justice. Ms. Bondi announced on X that the DOJ “does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.” Fifteen of the 17 district court judges in New Jersey were nominated by Democrats.Ms. Bondi’s top aide-de-camp, Deputy Attorney General Todd Blanche, adds on X that Ms. Habba’s 120 days do not run out until Friday, and that the move to replace her “reveals what this was always about: a left-wing agenda, not the rule of law.” Both Ms. Habba and Mr. Blanche served as personal attorneys for Mr. Trump before he elevated them to prestigious DOJ positions. Federal statute mandates that if a temporary appointment expires after 120 days, “the district court for such district may appoint a United States attorney to serve until the vacancy is filled.” The chief judge for the District of New Jersey, Renee Marie Bumb, an appointee of President George W. Bush, cited that law in naming Ms. Grace to the post. Ms. Bondi contends that Ms. Habba “has been doing a great job in making NJ safe again. Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant” — Ms. Grace. Attorney General Bondi speaks to the press, June 27, 2025. AP Photo/Jacquelyn MartinNew Jersey’s two senators, Andy Kim and Cory Booker — both Democrats — called the firing of Ms. Grace “another blatant attempt to intimidate anyone who doesn’t agree with them and undermine judicial independence.” The two lawmakers accuse Ms. Bondi of “showing disregard for the rule of law and the separation of powers.” Mr. Blanche, though, insists that the “backroom vote” of the federal judges “will not override the authority of the Chief Executive,” meaning Mr. Trump. Messrs. Kim and Booker have blocked Ms. Habba’s nomination to the Senate by vowing to deny her a “blue slip.”Ms. Bondi’s invocation of the Constitution could suggest that a challenge is coming to the law allowing judges to block the appointment of an interim United States attorney. The administration could argue that it infringes on presidential prerogative and amounts to judicial interference in the purview of the executive branch. Those arguments could find a receptive audience at the Supreme Court. The unfolding crisis in New Jersey echoes a similar one under way in upstate New York. Mr. Trump’s interim pick, John Sarcone, was rejected by the federal bench of the Northern District of New York under the same statute that has thwarted Ms. Habba. Days later, the DOJ announced that Mr. Sarcone would now serve as “special assistant to the attorney general” on an “indefinite” basis. Mr. Sarcone for now appears to be serving as both the acting United States attorney and as his own assistant. Last month, he claimed that an illegal alien, Saul Morales-Garcia, attempted to kill him outside a hotel at downtown Albany. He told Fox News that he was approached by “a maniac with a knife who was speaking in a foreign language.” Mr. Morales-Garcia pleaded guilty to second-degree menacing after a murder charge was dropped. Permanent appointment of United States attorneys requires confirmation by the Senate. In Mr. Trump’s first term, all 85 of his nominees for United States attorney were confirmed by the upper chamber. This term, he has nominated about a quarter of that number. One interim acting United States attorney, Danielle Sassoon of the Southern District of New York, resigned rather than drop criminal bribery charges against Mayor Adams.Ms. Sassoon has been replaced by another interim appointment, Jay Clayton, who Mr. Trump intends to nominate to fill the post on a permanent basis. Last week a veteran prosecutor in his office, Maurene Comey, was fired by Main Justice. Ms. Comey, the daughter of a former FBI director, James Comey, prosecuted Sean “Diddy” Combs, Jeffrey Epstein, and Ghislaine Maxwell. Ms. Habba has undertaken two high-profile prosecutions during her time in the Garden State. Both stemmed from a confrontation at an ICE facility in May. She charged the mayor of Newark, Ras Baraka, with trespassing. Ms. Habba eventually dropped those charges after a magistrate judge called the case a “worrisome misstep” that followed a “hasty arrest.” Mr. Baraka is now suing Ms. Habba for “malicious prosecution.”Ms. Habba also charged a Democratic lawmaker, LaMonica McIver, with assault and resisting arrest. She faces years in prison if convicted, but has pleaded “not guilty” on all counts.

Pam Bondi’s Firing of Court-Appointed Prosecutor and Defiant Support for Trump Pick Alina Habba Set Up a Likely Supreme Court Clash

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