Federal judges in New Jersey declined to extend Alina Habba's appointment as interim U.S. Attorney of the Garden State, the court announced Tuesday.
"Pursuant to Title 28, United States Code, Section 546(d), the United States District Court for the District of New Jersey appoints Desiree Leigh Grace as the United States Attorney for the District of New Jersey. This appointment is effective July 22, 2025, or 'upon the expiration of 120 days after appointment by the Attorney General' of the Interim U.S. Attorney Alina Habba, whichever is later," the order signed by Chief Judge Renée Marie Bumb said.
President Donald Trump had appointed Habba to the position in March on an interim basis, but interim U.S. Attorneys are only allowed to serve 120 days if not confirmed by the Senate or extended by a district court in their jurisdiction.
Trump formally nominated Habba, who previously served as his personal attorney and spokesperson, on July 1. Her confirmation is still pending a vote from the Senate Judiciary Committee before the full Senate weighs in, CNN reported. New Jersey's senators, Sen. Cory Booker, D-N.J., and Sen. Andy Kim, D-N.J., have said they will not sign off on her appointment.
Deputy Attorney General Todd Blanche blasted the judges' ruling.
"The district court judges in NJ are trying to force out @USAttyHabba before her term expires at 11:59 p.m. Friday," Blanche said on social media. "Their rush reveals what this was always about: a left-wing agenda, not the rule of law. When judges act like activists, they undermine confidence in our justice system. Alina is President Trump's choice to lead—and no partisan bench can override that."
Habba had previously told staff members that her term as a federal prosecutor may end Tuesday, when the 120-day limit for appointments made by U.S. Attorney General Pam Bondi ends, but she was hoping to continue in her role.
The president and his legal team are considering ways to reappoint nominees previously rejected by the courts, but it's unclear whether Habba would accept a reappointment, two sources familiar with the matter told CNN.
Sam Barron ✉
Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.