Tensions surged in New Jersey’s legal and political circles as a dispute unfolded over the appointment of the U.S. Attorney for the District of New Jersey.
On Thursday evening, Alina Habba announced her position as the acting U.S. Attorney, asserting her commitment to justice amid a backdrop of political uncertainty.
This announcement came just one day after another Republican, Grace, declared via social media her intention to assume the same role, stating that she was prepared to comply with the court’s ruling.
Grace indicated that she was ready to step into her former boss’s position as early as Friday, potentially reigniting a highly charged battle over the interpretations of legal authority in the DOJ.
The conflict has roots in a little-known Civil War-era statute allowing district courts to appoint an interim U.S. attorney if a 120-day appointment expires. This has raised significant concerns about whether judges can unilaterally appoint or remove a prosecutor without presidential input.
Former federal prosecutor Neama Rahmani noted that if Grace had been appointed to her role by the court, only the President is legally able to remove her from that position.
Rahmani pointed out, “That is a U.S. attorney — not an assistant — and they are presidentially removable.”
In response to the unfolding drama, Attorney General Pam Bondi moved to terminate Grace’s position, criticizing the judges’ actions as an attempt to subvert President Donald Trump’s authority.
President Trump has expressed “full confidence” in Habba, suggesting that she would be confirmed despite the turmoil surrounding her role.
David Gelman, a former Trump campaign surrogate, criticized the judges’ decision to deny Habba an extension of her appointment, calling it “ridiculous” and asserting that the responsibility of managing the DOJ lies with the attorney general.
“Her job is to manage the DOJ. And who is the head of the DOJ?” Gelman asked, further noting that Bondi’s authority had been derived from Trump.
The current situation is a complex legal entanglement. If Grace is officially removed without a Senate-confirmed replacement, Bondi would be obligated to take direct control over the office, complicating matters further.
“There will be no U.S. attorney in that district who can do the tasks of the U.S. attorney,” Rahmani stated, indicating that this would force Bondi to act for that district.
This dramatic conflict presents echoes of past executive branch disputes, reminiscent of the 2017 case involving Leandra English, who contested her removal from the Consumer Financial Protection Bureau. English ultimately dropped her legal challenge.
A similar uproar occurred in 2020 when then-Attorney General William Barr dismissed Geoffrey Berman, despite judges attempting to extend his interim position. Barr defended his actions, arguing that court-appointed U.S. attorneys remain “subject to removal by the President.”
Critics of the court-appointed prosecutor process caution that allowing judges to appoint federal prosecutors undercuts the executive branch’s control.
Prominent Supreme Court litigator Paul Clement critiqued the concept, declaring that judges bestowing appointment power to executive officers is “a weird provision.”
Clement remarked, “It’s weird to have the judges be in that role,” reflecting concerns from conservatives about judicial overreach into executive functions.
With both sides entrenched, there is speculation about whether Grace will challenge the removal order. As of now, the Department of Justice has not commented on the matter, although Deputy U.S. Attorney Todd Blanche indicated that Grace had been terminated pursuant to presidential authority.
The conflict continues to draw attention as the legal community awaits Grace’s decision and Habba’s prospective confirmation by the Senate.
In summary, the appointment of New Jersey’s U.S. Attorney has not only become a legal battleground but also a political flashpoint, emphasizing the complexities of authority and appointment in federal law enforcement.
The Washington Examiner reached out to Grace for comments but did not receive a response.
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