Alina Habba indicated on Thursday that she intends to stay in her role as the temporary U.S. attorney of New Jersey despite federal judges voting against extending her term. Habba, a former personal defense attorney to President Donald Trump, emphasized that she has been appointed as the “acting” U.S. attorney, a change from her previous title.
In a statement online, Habba stated, “Donald J. Trump is the 47th President. Pam Bondi is the Attorney General. And I am now the Acting United States Attorney for the District of New Jersey. I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in.”
The Department of Justice (DOJ) confirmed that Habba is now serving as the acting U.S. attorney rather than in the interim position she previously held.
Trump and Attorney General Pam Bondi are utilizing federal vacancy laws to retain Habba as the top federal prosecutor in New Jersey. These laws also granted the New Jersey district court judges the power to decide whether to extend Habba’s 120-day term as interim U.S. attorney or replace her. In an unusual move, they chose to replace her with Habba’s No. 2, Desiree Grace, but Grace was promptly fired by Bondi, leaving uncertainty about who would assume the role.
Habba resigned before her interim term expired, and she was re-appointed as the acting U.S. attorney, which has a 210-day term limit. Grace, a career prosecutor in the U.S. attorney’s office since 2016, expressed her gratitude for the opportunity to serve the people of New Jersey and indicated her intention to be sworn in on Saturday.
Trump has nominated Habba to serve as the permanent U.S. attorney, but Senate approval is required, and Habba faces obstacles in the confirmation process. New Jersey’s Democratic senators, Cory Booker and Andy Kim, are currently impeding her nomination through the Senate’s “blue slip” tradition. Booker criticized the Trump administration for violating the law and attempting to undermine judicial independence.
The legal uncertainty surrounding Habba’s position may lead to a court battle, as Grace was initially set to take over as U.S. attorney according to the judges’ appointment. However, with the changes in Habba’s role, the validity of the judges’ decision is now in question.
This article includes contributions from David Spunt and was originally written by Ashley Oliver, a reporter covering the Justice Department and legal affairs for Fox News Digital and FOX Business. For story tips, email Ashley Oliver at ashley.oliver@fox.com.