Trump Administration Clashes with Judiciary Over Prosecutorial Appointments in New Jersey
July 23, 2025
The Trump administration quickly disregarded a judges' order that aimed to replace Habba, reinstating her and removing her successor, Grace, claiming the judges' decision was politically motivated.
This situation underscores broader conflicts between the Trump administration and the judiciary, with the administration accusing judges of political bias and attempting to undermine judicial independence.
The administration's response to the judges' decision has been to challenge the appointment process, raising questions about whether they will seek Senate confirmation for Habba or attempt to bypass the process.
Historically, judges have had the authority to fill U.S. attorney vacancies, a practice reaffirmed after political controversies, but recent actions suggest a shift in this tradition.
The deputy attorney general publicly supported Habba, asserting that the choice of U.S. attorney should reflect the President's preferences rather than judicial appointments.
Alina Habba, appointed as the top federal prosecutor in New Jersey by the Trump administration, faces scrutiny due to her limited prosecutorial experience and controversial investigations against Democratic officials.
Judges appointed by Biden and Obama expressed distrust in Habba's capabilities, preferring a career prosecutor, which reflects ongoing tensions between the judiciary and the Trump administration over prosecutorial appointments.
The controversy involves a federal law allowing district judges to appoint interim prosecutors after the president's appointments expire, a practice that has historically been supported but is now challenged in this case.
It remains uncertain if the Trump Justice Department plans to seek Senate confirmation for Habba or continue to contest the judicial appointment, especially as her confirmation faces obstacles in the Senate.
Legal experts note that while the Trump administration might challenge judicial appointments, precedent supports the judiciary's role in appointing interim U.S. attorneys.
The core legal issue stems from a federal law that allows judges to appoint interim prosecutors, which has not been directly challenged until now, leading to a legal and political standoff.
The judges' decision to appoint Grace and the subsequent removal of Habba highlight a shift in the power dynamics between the judiciary and the executive, with some viewing the move as politically motivated.
Summary based on 55 sources
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Sources

The Guardian • Jul 22, 2025
Judges end Trump pick Alina Habba’s tenure as New Jersey’s top prosecutor
USA TODAY • Jul 22, 2025
In escalation of feud with the judiciary, Trump DOJ removes Alina Habba's replacement
Reuters • Jul 22, 2025
Trump pick Alina Habba is out as interim US attorney for New Jersey
Yahoo News • Jul 22, 2025
Trump administration fights to keep ex-Trump lawyer Alina Habba as New Jersey federal prosecutor