As RedState reported, the judges of the U.S. District Court in New Jersey voted to oust Alina Habba from her role as the top federal prosecutor in the state. That came after House Minority Leader Hakeem Jeffries (D-NY) publicly demanded the move, claiming she was a "woefully unqualified political hack," leading the Department of Justice to decry what they saw as a politically motivated decision.
Because Habba has not been confirmed by the U.S. Senate, her appointment had a 120-day expiration, with the district court judges in question having the ability to keep her in the position. Instead, they refused and hand-selected her replacement, Desiree Grace, who is a career prosecutor and was the second-highest-ranking DOJ official in New Jersey.
But in a stunning turn of events, Attorney General Pam Bondi appears to have exercised the nuclear option on Tuesday afternoon by using her power to remove Grace — or at least initiate that process.
.@USAttyHabba 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.
— Attorney General Pamela Bondi (@AGPamBondi) July 22, 2025
Accordingly, the First Assistant United States Attorney in New Jersey has just…
.@USAttyHabba 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.
Accordingly, the First Assistant United States Attorney in New Jersey has just been removed.
This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.
As noted, Bondi described the judges who booted Habba as "rogue" and "politically minded." She went on to say the decision threatened the Article II powers of President Donald Trump.
What's not entirely clear is whether Bondi herself has the final say in this or it requires additional action by the president. According to this OIG report:
As presidential appointees, U.S. Attorneys are not subject to discipline or removal by the Department without the President’s approval. In cases in which the Deputy Attorney General and the Attorney General conclude that removal is warranted, they normally request approval from the White House Counsel to ask for the U.S. Attorney’s resignation. If the U.S. Attorney refuses to submit a resignation, the President can dismiss the U.S. Attorney.
So what happens now? That's the big question. Theoretically, since the position has just been vacated, another 120-day window for a temporary appointee should be on the table. That would allow Trump to put whoever he wants there, with the hope that the Senate will actually hold a vote on Habba during that time. Right now, Senators Cory Booker and Andy Kim, both Democrats from New Jersey, are refusing to return a positive blue slip on Habba, which has been holding up things.
For those unfamiliar, it is Senate tradition to give a state's senators a veto over judicial appointments taking place in their state. That tradition extends to U.S. attorney nominations as well. But what started as a gentlemanly process has turned into a highly partisan one, and to be clear, there is no actual legal requirement to let Booker and Kim dictate matters. Like the filibuster, though, Republicans are hesitant to break glass on the blue slip process because it has benefited them in the past.
Back to the big question: What happens next?
Some are speculating that Habba could be reappointed by the Trump administration for another 120 days now that the window is presumably open. That would be a very aggressive move by Bondi and the DOJ, and I don't think anyone truly knows what would transpire next. Would the judges then have some kind of recourse? We'll find out. Whatever happens, it doesn't seem like the president is keen to back down.
Editor's Note: Radical leftist judges are doing everything they can to hamstring President Trump's agenda to make America great again.
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