Bondi says federal judges’ pick for New Jersey’s top prosecutor has been ‘removed’

Hours after federal judges replaced Alina Habba as New Jersey’s top federal prosecutor on Tuesday, Attorney General Pam Bondi announced that she was firing their pick to replace her.

Buried in a dispute over arcane powers of appointment is a constitutional and political showdown between a group of New Jersey district court judges, most of them nominated by Democratic presidents, and the Trump administration.

Bondi said she was firing Desiree Leigh Grace from her job as first assistant U.S. attorney. The judges appointed Grace to replace Habba after Habba’s 120-day interim post expires this week.

“[Habba] has been doing a great job in making NJ safe again,” Bondi wrote on social media on Tuesday. “Nonetheless, politically minded judges refused to allow her to continue in her position, replacing Alina with the First Assistant. Accordingly, the First Assistant United States Attorney in New Jersey has just been removed.”

A DOJ official, granted anonymity to describe a personnel decision, confirmed that Grace had been fired entirely from the department.

But the attorney general’s move does not clear up whether Grace will become U.S. attorney after Habba leaves on Friday. Judges have the power to select an appointee from outside the department. Not everyone agrees that Bondi could fire Grace when she becomes the interim U.S. attorney.

Habba, who previously served as President Donald Trump’s personal attorney, was serving as interim U.S. attorney for the District of New Jersey.

An unusual process that played out this week gives district court judges a say over who fills an executive branch post because of a law that has been around for decades, with some interruption. Congress put it back on the books after accusations the Bush administration pushed out nine U.S. attorneys for political reasons. New Jersey district court judges voted not to let Habba continue in that role upon that 120-day interim term expiring, despite the president’s wishes, instead picking Grace.

“This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers,” Bondi continued.

Todd Blanche, a deputy attorney general who also served as personal attorney to Trump, accused the judges of “colluding with the NJ Senators along the way.”

“It won’t work,” he wrote on social media. “Pursuant to the President’s authority, we have removed that deputy, effective immediately. This backroom vote will not override the authority of the Chief Executive.”

The United States District Court for the District of New Jersey had no comment.

Earlier on Tuesday, a White House spokesperson told POLITICO that “the Trump Administration looks forward to [Habba’s] final confirmation in the U.S. Senate and will work tirelessly to ensure the people of New Jersey are well represented.”

New Jersey’s senators, Democrats Cory Booker and Andy Kim, both indicated that they would oppose Habba’s nomination in the Senate. They took a more positive tone toward Grace’s appointment.

Erica Orden, Kyle Cheney and Josh Gerstein contributed to this report.