A defiant Alina Habba appears set to serve as New Jersey’s top federal prosecutor deep into February — and possibly for longer than that — after she was named acting United States attorney for the Garden State. 

Ms. Habba took to X on Thursday evening to declare, “Donald J. Trump is the 47th President. Pam Bondi is the Attorney General. And I am now the Acting United States Attorney for the District of New Jersey.” The lawyer, a loyalist of Mr. Trump who represented him in court in the civil fraud case brought by New York’s attorney general, Letitia James, has this week been fighting for her job after federal judges in New Jersey denied her bid to extend her interim position past 120 days. 

Now, though, Mr. Trump has shifted gears and pulled Ms. Habba’s nomination to be the permanent United States attorney. That status would have required confirmation by a majority of the Senate — but until that was secured, Ms. Habba would, per statute, be at the mercy of the Garden State judges, of whom 15 out of 17 were nominated by Democratic presidents.

Ms. Habba’s path to confirmation is blocked by Senators Kim and Booker, both liberal Democrats. Per the Senate Judiciary Committee’s “blue slip” practice, a nomination for United States attorney or to a federal district judgeship does not move forward unless both home-state senators approve. 

Senator Grassley, the chairman of that committee, has indicated that he intends to preserve the practice, even as Senator Schumer has declared his intention to block Mr. Trump’s nominees for United States attorneys in New York.     

As acting United States attorney Ms. Habba can hold onto her post for 210 days, and possibly longer. Ms. Habba, a New Jersey native of Iraqi descent, has vowed to “turn New Jersey red.” Her time in office has been defined by two high-profile prosecutions of Democrats, both stemming from a protest that became violent at an ICE facility in the Garden State. 

The mayor of Newark, Ras Baraka, was arrested and charged with “assaulting, resisting, impeding, and interfering with a federal officer.” Those charges were dropped, and Mr. Baraka has filed a civil suit against Ms. Habba, claiming false arrest and malicious prosecution. A case against Congresswoman LaMonica McIver, who can be seen on video pushing an ICE officer during the melee, is ongoing. She has been indicted for assaulting a federal officer — charges that could lead to a prison sentence — and has pleaded not guilty. The charges  have made Ms. Habba’s tenure a national flashpoint, and have likely made it impossible for her to circumvent Messrs. Kim and Booker.

By eschewing the path to confirmation Ms. Habba technically becomes the first assistant United States attorney, a formal job title in the office, and she will serve as acting United States attorney because the position is vacant. The candidate preferred by the judges, Desiree Grace — formerly Ms. Habba’s first assistant — was fired by Ms. Bondi after the bench rejected Ms. Habba.

Ms. Bondi, in response to that intervention, declared, “This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.” That could indicate that the administration may be preparing a constitutional challenge to the statute that hands district judges veto power over interim federal appointments. 

Ms. Grace made her own pitch for the role on Thursday, posting on LinkedIn: “It will forever be the greatest honor that they selected me on merit, and I’m prepared to follow that Order and begin to serve in accordance with the law.” She added that she has been “promoted four times in the last five years” by both Democrats and Republicans, “including four months ago by this administration.” 

Attorney General Bondi’s chief deputy, Todd Blanche, writes on X that “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.” That language echoes the objections the Trump administration made to district judges issuing nationwide injunctions. The Supreme Court, in Trump v. Casa, sided with the government and curtailed the practice. 

Another drama over appointments is unfolding in upstate New York, where Mr. Trump’s choice for United States attorney, Joe Sarcone, was likewise rejected by the judges of his district after a 120-day interim stint. Ms. Bondi has named him ​​“special attorney to the attorney general,” which the DOJ argues gives him the powers of a United States attorney for an indefinite period of time.