After a Chaotic Start, a U.S. Attorney’s Time May Be Running Out

The tumultuous tenure of a US attorney in New Jersey, who began her term with a chaotic and controversial start, may be reaching a breaking point. Alina Habba, a former personal attorney for President Trump, was appointed as the interim US Attorney for New Jersey earlier this year. Her appointment was met with immediate criticism due to her lack of prosecutorial experience and numerous public political statements.

Her time in office was marked by controversy, with accusations that she was pursuing politically motivated cases. Her office reportedly tangled with prominent New Jersey Democrats, including Newark Mayor Ras Baraka and a US Representative, over their actions at an immigration detention center. She also announced the formation of an "election integrity task force" in the state, two months after stating she hoped to "turn New Jersey red."

The situation reached a head when Habba’s 120-day interim term expired. By law, if the Senate has not confirmed a US attorney nomination by that time, a panel of federal judges in the district can appoint a replacement. The New Jersey judges did just that, choosing a career federal prosecutor to replace Habba.

The Justice Department, however, immediately fired the judges’ appointee and, in a series of strategic maneuvers, has attempted to keep Habba in her position. President Trump withdrew Habba's nomination for a permanent, four-year term, which technically allows her to serve as an "acting" US attorney for up to 210 more days. The move has been widely criticized as a circumvention of the Senate's confirmation process and the judicial branch's authority.

This power struggle has not been limited to New Jersey. The Justice Department has reportedly employed similar tactics to keep other controversial Trump-appointed US attorneys in place in districts like Los Angeles and Las Vegas. The ongoing dispute has thrown the New Jersey federal courts into a state of chaos, with criminal cases and grand jury proceedings reportedly being paused due to questions about Habba’s authority. This unprecedented situation highlights a fundamental conflict between the executive branch's desire to install loyalists in key positions and the traditional checks and balances designed to ensure an independent justice system.