A potential standoff is unfolding over who will step in as the next U.S. attorney in New Jersey, with Alina Habba’s interim appointment ending soon. The spotlight is on Desiree Leigh Grace, a leading prosecutor recently let go by the Justice Department. She was chosen by federal judges to replace Habba and is determined to take on the role.
Grace’s plan hinges on being formally sworn in right after midnight when Habba’s term ends. However, she faces opposition, particularly from Attorney General Pam Bondi, who dismissed her as New Jersey’s first assistant U.S. attorney.
The Justice Department has yet to announce its intentions but has condemned the judges’ appointment of Grace, claiming it undermines President Trump’s authority. Experts suggest this situation highlights ongoing tensions between the executive branch and judicial appointments, especially given the slow confirmation process in the Senate. A recent analysis reveals that 80% of U.S. attorney positions were vacant for extended periods last year due to delays in nominations and confirmations.
If Grace does assume the role, she runs the risk of being dismissed by the president at any time. Alternatively, the Justice Department could sidestep the situation by appointing a new interim U.S. attorney before Habba officially leaves. This tactic may be favored based on past practices where the administration has acted swiftly to block judges’ appointments.
Grace expressed her determination in a heartfelt LinkedIn message, emphasizing her commitment to serving in the role she believes she has been appointed to rightly. She defended her record, stating she has successfully worked under both political parties, suggesting that her work has been free of political influence.
The current dispute illustrates the complexities in federal appointments, particularly as the 120-day limit for interim U.S. attorneys may expire. Under federal law, if no permanent appointment is made, federal judges can select a temporary U.S. attorney, which is what happened in Grace’s case. This situation shines a light on ongoing issues in the U.S. judicial appointment process, which observers say often becomes a political battleground.
As this standoff unfolds, public interest is growing. Social media discussions highlight how closely people are following the developments, emphasizing the connection between judicial appointments and political dynamics. The outcome here could set important precedents for future appointments and the role of judges in the nomination process.