Federal judges in New Jersey sparked a constitutional confrontation last week when they appointed career prosecutor Desiree Leigh Grace as the state’s U.S. Attorney, replacing Alina Habba, President Donald Trump’s former personal attorney. The Department of Justice swiftly fired Grace hours after her appointment, setting up an unprecedented clash between the executive and judicial branches over federal prosecution authority.
The dispute began Tuesday, July 22, when Habba’s 120-day interim term as U.S. Attorney for the District of New Jersey approached its expiration. Chief U.S. District Judge Renée Marie Bumb signed an order appointing Grace, who had been serving as Habba’s first assistant, to replace her. The judicial appointment came after Trump’s nomination of Habba for the permanent position stalled in the Senate, where New Jersey’s Democratic senators opposed her confirmation.
Attorney General Pam Bondi responded immediately to the judges’ decision, announcing on social media that Grace had been removed from her position. Bondi characterized the federal judges as “politically minded” and declared that “this Department of Justice does not tolerate rogue judges.” Deputy Attorney General Todd Blanche supported Bondi’s action, claiming the judges had colluded with New Jersey’s Democratic senators to force out Trump’s preferred candidate.
Grace, a nine-year veteran of the U.S. Attorney’s Office, joined the federal prosecutor’s office in 2016 after serving as a judicial clerk in both New Jersey’s Supreme Court and the U.S. Court of Appeals for the Third Circuit. She previously worked as an associate at McCarter & English LLP before transitioning to federal service. During her tenure in the office, Grace held multiple leadership positions, 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 appointment as interim U.S. Attorney in March marked a significant departure from traditional prosecutorial experience. The 41-year-old attorney previously worked as Trump’s personal lawyer and campaign spokesperson, representing him in multiple high-profile civil and criminal cases. She graduated from Lehigh University and Widener University Commonwealth Law School before specializing in civil litigation and corporate law in private practice. Prior to joining Trump’s legal team, she served as managing partner at Habba Madaio & Associates in Bedminster.
During her brief tenure as interim U.S. Attorney, Habba pursued several politically charged prosecutions that drew criticism from New Jersey’s Democratic senators. She filed charges against Newark Mayor Ras Baraka over a confrontation at an Immigration and Customs Enforcement detention center, though she later dropped the trespassing charges. Habba also prosecuted Representative LaMonica McIver, who was indicted on three charges related to the same incident and pleaded not guilty. Additionally, she ordered investigations into Governor Phil Murphy and state Attorney General Matthew Platkin for allegedly refusing to cooperate with Trump’s immigration enforcement policies.
Senators Cory Booker and Andy Kim, both Democrats from New Jersey, had previously criticized Habba’s performance, stating she had degraded the office and pursued frivolous prosecutions. The senators indicated that Habba did not meet the standards necessary to serve the people of New Jersey. Following Grace’s firing, both senators condemned the Justice Department’s actions as undermining judicial independence and the rule of law.
The legal authority for judicial appointment of U.S. Attorneys stems from federal statute, which allows district courts to name temporary prosecutors when the Attorney General’s 120-day appointment expires without Senate confirmation. This provision has been used previously, including during Trump’s first term when New Jersey district courts appointed Craig Carpenito as U.S. Attorney in 2018. Similar judicial appointments occurred in New Mexico in 2008 and in Manhattan in 2018.
Grace posted a defiant message on LinkedIn Wednesday, expressing her intention to assume the U.S. Attorney position in accordance with the law. She emphasized 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 prior. Grace indicated that politics had never influenced her prosecutorial work and that she was prepared to serve based on merit rather than political considerations.
The standoff intensified Thursday when Trump withdrew Habba’s nomination for the permanent position, enabling her to continue serving in an acting capacity. A Justice Department official confirmed the withdrawal, which circumvents federal restrictions that limit acting officers whose nominations are pending in the Senate. This maneuver allows Habba to serve up to 210 days from when the vacancy occurred, extending her potential tenure beyond the original 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 firing by the Justice Department creates uncertainty about who holds legitimate authority to lead the U.S. Attorney’s Office for the District of New Jersey. The White House indicated 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.