Justice in turmoil in New Jersey as judges thwart Trump and his hand-picked attorney defies judges

The battle over who will be the U.S. Attorney for New Jersey took another twist on Thursday as Alina Habba announced she is staying on despite her interim term ending and the judges in the district picking someone else to take her place.

The appointment of the top federal prosecutor in New Jersey threatens to become a crisis of the separation of powers central to the nation's constitutional government.

Trump picked personal lawyer to the role in New Jersey

The Summit native had been named the interim U.S. attorney for New Jersey in March.

On Tuesday, judges in the district declined to keep her in the post while she awaited confirmation by the U.S. Senate. Acting under a law that generally limits the terms of interim U.S. attorneys to 120 days, the judges appointed one of Habba's subordinates, First Assistant Desiree Leigh Grace, as her successor.

Hours later, Attorney General Pam Bondi announced that she had removed Grace, blaming Habba's removal on “politically minded judges.” Grace then announced on her LinkedIn that she was going to follow the judges' order and take over the office.

That appears to be out the window as Habba posted on her X account that she is staying on as U.S. attorney for New Jersey.

“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,” she wrote.

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Trump makes new move with Habba

CBS New York reported that Trump withdrew her name from nomination on Thursday, clearing the way for her to be named acting U.S. attorney and serve a maximum 210-day term.

On the New Jersey 101.5 Morning Show on Friday, New Jersey Globe editor David Wildstein said it's likely the final twist over Habba holding the office for the foreseeable future. But at some point she has to get the approval of the Senate to continue in the office past March.

"At some point, the president will need to get an appointment through the U.S. Senate or bring in another interim," Wildstein said.

Wildstein said that there are other ramifications of Habba holding the office if a case decided in New Jersey is being appealed.

"If it's somebody versus the federal judiciary, they can't go to a judge in New Jersey," Wildstein said. "It would probably go directly to the Third Circuit Court of Appeals. So this could be a big legal mess."

Habba's political foes

In a joint statement, U.S. Sens. Cory Booker and Andy Kim accused the Trump administration of “bypassing the court’s lawful authority and ignoring the required advice and consent of Congress" in an effort to get around the court's appointment of Grace.

"They don’t object to the process, they just don’t like the outcome. So instead, they continue to undermine the legitimacy of the judiciary, jeopardizing New Jerseyans’ safety, and destabilizing the integrity of our legal system," the New Jersey Democrats said.

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