The Senate Judiciary Committee didn't seem inclined to confirm her.
The New Jersey senators were going to withhold their blue slips.
In the past, that amount of opposition would likely have spelled doom for an appointee seeking a U.S. attorney's position. However, both President Donald Trump and U.S. Attorney General Pam Bondi were determined to see Alina Habba as the U.S. Attorney for New Jersey.
Habba was serving a 120-day term as interim U.S. attorney of New Jersey while waiting for confirmation from the Senate Judiciary Committee. With that not likely and her deadline approaching, a panel of New Jersey federal judges used obscure but standing law to name Desiree Leigh Grace as the state's top federal law enforcement officer on July 22.
In response, Bondi fired Grace on July 22 and named Habba New Jersey's acting U.S. attorney on July 25, 2025, also withdrawing Habba's nomination. An acting U.S. attorney fulfills the role of the actual position if it's vacant, so this effectively gives Habba the job for the next 210 days.
Grace had been appointed by Habba to be her first assistant attorney, making her a logical choice for a replacement. However, U.S. Attorney General Pam Bondi fired Grace later that day while claiming political shenanigans by the panel. While the issue appears to be settled for now, it remains to be seen how Grace will respond.
No Reasonable Lawyer Would Have Filed It
Alina Habba was President Trump's personal lawyer. Habba met Trump in 2019 when she joined one of his country clubs. Their acquaintance led to her handling certain legal affairs for him, some of which overlapped with her own. She was accused of using her position as a lawyer to fraudulently induce an employee at Trump National Golf Club Bedminster to enter a non-disclosure agreement over a workplace sexual misconduct lawsuit. Habba agreed to a confidential settlement in 2024.
Habba began working as legal counsel for Trump in 2021, with mixed results. While successful in defending him against suits by Michael Cohen and Summer Zervos, other high-profile cases didn't go quite as well. She served as lead attorney for Trump's loss in court against E. Jean Carroll, who was awarded $83.3 million in damages in 2024.
She was also part of a $100 million lawsuit filed by Trump against Hillary Clinton and other prominent Democrats for conduct during the 2016 election. In addition to the judge dismissing the suit as "not just inadequate in any respect, but in all respects," Habba and other attorneys on her team were sanctioned, given hefty fines, and ordered to pay almost $1 million in legal fees.
More recently, Habba, who said in an interview that she planned to use her position to "turn New Jersey red," was rebuked by a judge for her role in the arrest and dismissal of charges against Newark Mayor Ras Baraka, who warned her about using her office "to advance political agendas."
Is This Over? It Might Not Be Over.
Habba faced significant questions about whether she'd have enough support to get approval from the Senate Judiciary Committee. Also standing in her way were the senators from New Jersey, Cory Booker and Andy Kim. Both indicated their intent to use their "blue slip" power to block the permanent appointment of Habba, which is a non-codified rule based on home-state senators signing off on approval for confirmations for judicial nominees.
Since the Civil War, federal judges have had the authority to fill open positions in the U.S. Attorney's Office. Until President Ronald Reagan changed that process in 1986, it was the only way to address vacancies. While the 120-day interim position has become the norm for appointees awaiting confirmation, the power for federal judges to make a selection was never repealed.
After being appointed by the panel, Grace indicated on social media that she considered herself the de facto U.S. Attorney for New Jersey and planned to begin on July 26. She joined the U.S. Attorney’s Office for the District of New Jersey in 2016. Grace was in charge of the violent crimes unit and the criminal division before being selected by Habba in April to be her #2. According to reports, she was both well-respected and admired by her peers in the office.
Related Resources
- Concern From Many Judges as Rhetoric Escalates and Threats Keep Increasing (FindLaw's Practice of Law)
- DOJ Investigated Arresting Judges, Lawyers for Remote Hearings (FindLaw's Practice of Law)
- SCOTUS Nomination and Confirmation Process Explained (FindLaw's Federal Courts)
