Court names US attorney in NJ, DOJ calls move ‘rogue’


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Summary

Judicial appointment

Federal judges in New Jersey appointed veteran prosecutor Desiree Leigh Grace as U.S. attorney after Alina Habba’s interim term expired. The move followed Habba’s delayed Senate confirmation.

DOJ retaliation

Hours after Grace’s appointment, Attorney General Pam Bondi fired her and accused judges of undermining Trump’s authority. The DOJ confirmed Grace's removal.

Political tensions

New Jersey senators opposed Habba’s nomination and supported Grace. They called her firing a threat to judicial independence and impartial law enforcement.


Full story

Federal judges in New Jersey have exercised a rarely used legal authority to appoint a new U.S. attorney after the 120-day term of Alina Habba, who had served in an acting capacity since March 2025. On Tuesday, July 22, the judges unanimously selected Desiree Leigh Grace — Habba’s first assistant and a veteran federal prosecutor — to take over the position. Chief Judge Renée Bumb issued the formal order appointing Grace earlier in the day.

Why did the court step in?

Under federal law, if a U.S. attorney isn’t confirmed by the Senate within 120 days, district court judges have the power to make an appointment. Habba had only been formally nominated on July 1 and had not received Senate approval.

How did the Justice Department respond?

Just hours after the judges appointed Grace, the Department of Justice announced her termination. Attorney General Pam Bondi criticized the court’s decision and described the judges as “rogue” and claiming they had undermined President Donald Trump’s constitutional authority. 

A Justice Department official confirmed Grace is no longer with the agency.

Deputy Attorney General Todd Blanche, a close Trump ally, also criticized the judiciary’s move. “No partisan bench can override” the president’s decision, he posted on social media.

What role did politics play?

Habba, a former personal attorney to Trump, has been a polarizing nominee. Her confirmation faced strong opposition from New Jersey’s Democratic Sens. Cory Booker and Andy Kim, who backed Grace and sharply criticized her dismissal.

In a joint statement, the senators called the firing an attack on judicial independence. 

During her short tenure, Habba led high-profile investigations targeting Democrats, including charges against Newark Mayor Ras Baraka and Rep. LaMonica McIver, N.J. The case against Baraka was later dropped. McIver has pleaded not guilty.

Grace, by contrast, is viewed as a career prosecutor with deep institutional knowledge. She previously led the criminal division in the New Jersey U.S. attorney’s office and has served as a federal prosecutor since 2016.

Jonah Applegarth (Production Specialist), Matt Bishop (Digital Producer), and Kaleb Gillespie (Video Editor) contributed to this report.
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Why this story matters

The appointment and subsequent firing of Desiree Leigh Grace as U.S. attorney by federal judges in New Jersey, overriding the acting tenure of Alina Habba, highlights tensions between the judiciary and the executive branch over the process for appointing federal prosecutors and raises questions about judicial independence and political influence.

Judicial versus executive authority

The conflict underscores the legal and constitutional questions surrounding the power of district court judges to appoint U.S. attorneys when Senate confirmation is delayed and the extent of executive authority in dismissing such appointees.

Political influence in appointments

The controversy surrounding Alina Habba’s nomination and subsequent opposition from Democratic senators highlights how political considerations can shape the selection and tenure of key federal law enforcement officials.

Get the big picture

Synthesized coverage insights across 31 media outlets

Common ground

All articles agree that a dispute arose between the Department of Justice and federal judges in New Jersey over who should serve as the U.S. Attorney after Alina Habba's interim term ended. Both sides acknowledge that Desiree Leigh Grace, Habba's first assistant, was appointed by the judges and then promptly removed by the DOJ, escalating institutional tensions.

Oppo research

Opponents of the DOJ's actions, including Senators Booker and Kim, argue that firing Grace undermines the rule of law and judicial independence, alleging intimidation and politicization. Supporters of Habba and the Trump administration counter that the judiciary is overreaching and subverting the President’s constitutional authority, reflecting partisan divides on the legitimacy of the process.

Quote bank

Attorney General Pam Bondi stated on X, “This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.” Senators Cory Booker and Andy Kim responded, calling the firing of Grace “another blatant attempt to intimidate anyone that doesn’t agree with them and undermine judicial independence.”

SAN provides
Unbiased. Straight Facts.

Don’t just take our word for it.


Certified balanced reporting

According to media bias experts at AllSides

AllSides Certified Balanced May 2025

Transparent and credible

Awarded a perfect reliability rating from NewsGuard

100/100

Welcome back to trustworthy journalism.

Find out more

Bias comparison

  • Media outlets on the left primarily frame the dismissal of Alina Habba’s successor as a straightforward personnel update, emphasizing the judges' refusal to extend Habba’s interim term without overt political commentary, thus projecting measured neutrality.
  • Media outlets in the center navigate the divide by spotlighting the political conflict — highlighting DOJ officials’ condemnation of “rogue judges” and senators’ maneuvers — thus situating the story within broader institutional power struggles.
  • Media outlets on the right employ charged rhetoric like “swiftly fires,” “nuclear option,” and “oust,” injecting urgency and framing judges and DOJ actions as antagonistic to Habba, a Trump ally.

Media landscape

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33 total sources

Key points from the Center

  • On Tuesday, a panel of District of New Jersey judges declined to extend Habba’s interim term, appointing Desiree Leigh Grace as U.S. attorney.
  • Under a federal law limiting interim U.S. attorneys to 120 days, Hakeem Jeffries campaigned for Habba’s removal, and her term was set to expire Friday at 11:59 pm.
  • Rejecting the judges’ choice, Bondi acted swiftly, saying "has just been removed," and adding "This Department of Justice does not tolerate rogue judges."
  • Having nominated Habba on July 1 for a full four-year term, Trump faces a blockade as Sens. Booker and Kim refused to return blue slips, echoing a similar showdown last week in Albany, N.Y.

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