Federal judges in New Jersey ignited a constitutional dispute last week by appointing Desiree Leigh Grace, a career prosecutor, as the state’s U.S. Attorney, succeeding Alina Habba, former personal attorney to President Donald Trump. The Department of Justice dismissed Grace hours after her appointment, leading to an unprecedented clash between the executive and judicial branches concerning federal prosecution authority.
The conflict began on Tuesday, July 22, as Habba’s 120-day interim term as U.S. Attorney for the District of New Jersey neared completion. Chief U.S. District Judge Renée Marie Bumb signed an order appointing Grace, who had been serving as Habba’s first assistant, to take her place. This judicial appointment followed the stalling of Trump’s nomination of Habba for the permanent role in the Senate, where New Jersey’s Democratic senators opposed her confirmation.
Attorney General Pam Bondi reacted swiftly to the judges’ decision by announcing on social media that Grace had been removed from her position. Bondi described 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, alleging that the judges colluded with New Jersey’s Democratic senators to remove 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 clerking for the New Jersey 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, she held several leadership roles, 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 deviation from traditional prosecutorial experience. The 41-year-old lawyer had previously worked as Trump’s personal attorney and campaign spokesperson, representing him in various high-profile civil and criminal cases. She is a graduate of Lehigh University and Widener University Commonwealth Law School, and specializes in civil litigation and corporate law in private practice. Before joining Trump’s legal team, she was the managing partner at Habba Madaio & Associates in Bedminster, New Jersey.
During her brief term as interim U.S. Attorney, Habba initiated several politically sensitive prosecutions that were criticized by New Jersey’s Democratic senators. She filed charges against Newark, New Jersey, Mayor Ras Baraka over an incident at an Immigration and Customs Enforcement detention center, but 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 not cooperating with Trump’s immigration enforcement policies.
Senators Cory Booker and Andy Kim, both Democrats from New Jersey, had criticized Habba’s work, stating she had reduced the office’s standards and pursued frivolous prosecutions. They argued that Habba did not meet the requirements necessary to serve the people of New Jersey. Following Grace’s dismissal, both senators condemned the Justice Department’s actions, saying they undermined judicial independence and the rule of law.
The legal basis for judicial appointment of U.S. Attorneys is a federal statute that permits district courts to appoint temporary prosecutors when the Attorney General’s 120-day appointment expires without Senate confirmation. This provision has been used before, including during Trump’s first term, when New Jersey district courts appointed Craig Carpenito as U.S. Attorney in 2018. Similar judicial appointments happened in New Mexico in 2008 and in Manhattan in 2018.
Grace posted a message on LinkedIn on Wednesday, expressing her intention to assume the U.S. Attorney position according to 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 stated 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, allowing 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 move 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 asserting authority over the position. Grace’s legal standing following her judicial appointment and subsequent dismissal 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.
