Topline
Former Trump defense attorney Alina Habba was replaced as U.S. Attorney in New Jersey on Tuesday, according to a court order, failing to secure the votes needed from the state’s federal judges to remain, after the Trump ally drew controversy during her tenure for charging Democratic politicians over their clashes with federal immigration agents.
Alina Habba speaks after being sworn in as interim US Attorney General for New Jersey at the White … More
Key Facts
Habba, whom Trump appointed to serve as the interim U.S. attorney in New Jersey, needed either Senate confirmation or a vote by the state’s federal judges in order to remain in her role past her initial 120-day term, which expired on Tuesday.
New Jersey’s Chief Judge Renée Marie Bumb confirmed Tuesday that Habba had not received the judicial votes to remain in the role, instead announcing that the judges had replaced her with Desiree Leigh Grace, a more experienced prosecutor who was previously Habba’s first assistant, The New York Times notes.
Habba became known as one of Trump’s most vocal attorneys prior to her appointment as U.S. attorney, frequently appearing on television to advocate for Trump while also representing him in major cases like the civil fraud trial against Trump and his company and writer E. Jean Carroll’s defamation case against the president.
Since becoming U.S. Attorney, Habba has garnered controversy for her decisions to charge Newark Mayor Ras J. Baraka and Rep. Monica McIver, D-N.J., in connection with their efforts to tour a federal immigration detention facility in the state—sparking a rebuke from the judge overseeing Baraka’s case, who chastised Habba’s office for its “worrisome misstep” in arresting the mayor after prosecutors swiftly dropped the charges.
While The Times notes that judges replacing a U.S. attorney like this is rare, it marks the second time they’ve done so since Trump’s second term began, also rejecting John A. Sarcone III as the U.S. attorney of the Northern District of New York.
Will Alina Habba Get A New Doj Role?
The judges’ decision not to extend Habba’s term as U.S. attorney does not necessarily mean she’ll leave the office entirely. In Sarcone’s case, the Trump administration responded to judges rejecting his appointment by naming him as the “special attorney to the attorney general,” a role that officials said carries the same responsibilities as the U.S. attorney despite the different title. It remains to be seen if Habba could now receive a similar appointment in New Jersey, or a different role within the Trump administration.
What To Watch For
Habba still faces a civil lawsuit from Baraka over his arrest, with the Newark mayor accusing the prosecutor of false arrest, malicious prosecution and defamation in connection with her decision to arrest him and subsequent public comments justifying the charges. While Habba dropped the charges against Baraka, the government’s prosecution against McIver remains ongoing, and the Democratic lawmaker has pleaded not guilty to charges of assaulting, resisting, impeding and interfering with federal officials.
This story is breaking and will be updated.