A dispute over who will serve as U.S. attorney for New Jersey is poised to escalate by the end of the week, with interim U.S. Attorney Alina Habba’s appointment set to expire Friday and no permanent replacement confirmed.
Desiree Leigh Grace, the first assistant U.S. attorney for the district until her dismissal by the Justice Department on Tuesday, was selected by the federal judges in New Jersey to succeed Habba. Grace has publicly vowed to assume the position “in accordance with the law,” even after being removed by Attorney General Pam Bondi.
To do so, Grace would need to be sworn in by a federal judge immediately after Habba’s term ends at midnight Friday, effectively defying Bondi’s decision to terminate her. If she takes the role, President Donald Trump could exercise his authority to fire her.
The Justice Department has not announced how it intends to proceed. Bondi and Deputy Attorney General Todd Blanche have criticized the judges’ decision, accusing them of attempting to override the president’s appointment powers for political reasons.
One option available to the department is to preempt the judges by appointing a new interim U.S. attorney before Habba’s term expires — a tactic previously used in other districts.
How is she allowed to “assume” the post when she was fired? pic.twitter.com/5qRgX1HnWj
— ALX 🇺🇸 (@alx) July 24, 2025
In a LinkedIn post Wednesday, Grace defended her record and rejected claims of political bias.
“Yesterday the District Judges for the District of New Jersey selected me to serve as the United States Attorney for the District of New Jersey. It will forever be the greatest honor that they selected me on merit, and I’m prepared to follow that Order and begin to serve in accordance with the law,” she wrote.
Grace emphasized her nonpartisan service record, noting that she had been promoted under both Republican and Democratic administrations, including most recently by the Trump administration.
The conflict highlights the complications created by the Senate’s slow pace in confirming U.S. attorney nominees. Under federal law, if a U.S. attorney’s 120-day interim term expires without a confirmed replacement, district judges are authorized to appoint a temporary successor — a provision now at the center of this standoff.