NEWARK, N.J. — A panel of federal judges has voted not to extend Alina Habba’s appointment as New Jersey’s top federal prosecutor, ending her months-long tenure in the position. The court’s decision falls within its legal authority under the federal appointments framework.
The decision was made by a panel of judges appointed by former presidents Joe Biden and Barack Obama.
The move has been seen by many as political retribution against Habba and President Trump.
Habba had been serving in the role under interim authority, a common practice when a U.S. Attorney is not yet Senate-confirmed. The judges opted to replace her with the First Assistant United States Attorney, a routine administrative step when an interim term expires.
Attorney General Pamela Bondi criticized the decision, calling the judges “politically minded” and accusing them of targeting Habba despite her efforts to “make NJ safe again.”
“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. This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers,” Bondi said.
In a follow-up move, Bondi announced that the First Assistant U.S. Attorney, who was set to assume the acting role, had been removed from office. “This Department of Justice does not tolerate rogue judges — especially when they threaten the President’s core Article II powers,” she said.
The decision brings to light an ongoing dispute between the judiciary and top officials in President Donald Trump’s Department of Justice over prosecutorial appointments and separation of powers.
Habba is still awaiting Senate confirmation for a permanent appointment.
