Democrats long campaigned against President Donald Trump’s choice for U.S attorney in New Jersey, Alina Habba. On Tuesday, U.S. district court judges proved once again willing to give the president’s opponents what they want, swapping out the president’s choice for her subordinate.
The Justice Department has, however, cut that victory short.
How it started
Trump named Habba, his presidential counselor, as the interim U.S. attorney for New Jersey on March 24. She was sworn in on March 28.
Trump noted on Truth Social at the time that Habba, who represented him in three trials in recent years, “will lead with the same diligence and conviction that has defined her career, and she will fight tirelessly to secure a Legal System that is both ‘Fair and Just’ for the wonderful people of New Jersey.”
The White House announced on July 1 that the president was nominating Habba for a full four-year term.
Democrats — New Jersey Sens. Cory Booker and Andy Kim in particular — condemned Habba’s appointment and campaigned against her Senate confirmation, which will come down to the wire this week.
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Photo by Andrew Harnik/Getty Images
Since interim U.S. attorneys are allowed to serve for only 120 days if not confirmed by the Senate or extended indefinitely by the district court for the district concerned, Habba needed winning votes both in the Senate Judiciary Committee, then on the Senate floor before the expiry of her term on Friday.
However, federal judges in the U.S. District Court for the District of New Jersey — 15 out of the 17 of whom are Obama and Biden appointees — declined to appoint Habba on Tuesday without offering any explanation.
With days left until the expiration of Habba’s term, a panel of the blue state’s judges issued an order — signed by George W. Bush appointee Renée Marie Bumb, the chief judge for the district — appointing one of Habba’s subordinates, Desiree Leigh Grace, as the U.S. attorney for the district until the vacancy is filled.
‘When judges act like activists, they undermine confidence in our justice system.’
The order went out just days after House Minority Leader Hakeem Jeffries (D-N.Y.) demanded that the Democrat-appointed judges reject Habba. Jeffries made clear when making his demand that his animus against Habba had much to do with her indictment of LaMonica McIver, the Democratic congresswoman from New Jersey accused of assaulting a U.S. Immigration and Customs Enforcement officer.
How it’s going
The Trump DOJ blasted the judges’ move and responded with another personnel change.
Deputy Attorney General Todd Blanche, who over the weekend emphasized that Habba “has the full confidence” of Trump and the DOJ, stated on Tuesday, “The district court judges in NJ are trying to force out [Habba] before her term expires at 11:59 p.m. Friday. Their rush reveals what this was always about: a left-wing agenda, not the rule of law.”
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Photographer: Al Drago/Bloomberg via Getty Images
“When judges act like activists, they undermine confidence in our justice system,” continued Blanche. “Alina is President Trump’s choice to lead — and no partisan bench can override that.”
Attorney General Pam Bondi announced Tuesday evening that Habba’s replacement, Grace, had been removed, noting that “this Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers.”
‘President Trump has full confidence in Alina Habba.’
Blanche suggested that the district judges in New Jersey colluded with Democratic senators but that their apparent plot “won’t work.”
“Pursuant to the president’s authority, we have removed that deputy, effective immediately,” said Blanche. “This backroom vote will not override the authority of the chief executive.”
Of course, Democrats were apoplectic about the Trump administration’s decision to fight fire with fire.
“Trump’s Department of Justice is once again criticizing a court that acted within its authority, continuing a pattern of publicly undermining judicial decisions and showing disregard for the rule of law and the separation of powers,” Booker and Kim complained in a joint statement. “The firing of a career public servant, lawfully appointed by the court, is another blatant attempt to intimidate anyone that doesn’t agree with them and undermine judicial independence.”
White House deputy press secretary Harrison Fields said in a statement to Blaze News, “President Trump has full confidence in Alina Habba, whose work as acting U.S. attorney for the District of New Jersey has made the Garden State and the nation safer. The Trump administration looks forward to her final confirmation in the U.S. Senate and will work tirelessly to ensure the people of New Jersey are well represented.”
Blaze News has reached out to the DOJ for comment.
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