U.S. Attorney Alina Habba has informed her staff that she will step down next Tuesday, marking the end of her temporary tenure as New Jersey’s top federal prosecutor, multiple sources confirmed to the New Jersey Globe.
The move comes as Habba reaches the 120-day limit for appointments made directly by the U.S. Attorney General. In a private meeting with her staff on Thursday, Habba acknowledged she does not have the support of New Jersey’s U.S. District Court judges, who are scheduled to meet Monday to consider appointing a new U.S. Attorney, according to sources familiar with the discussions.
The New Jersey Globe was first to report on the planned judicial meeting and the potential selection of one of two Republican candidates: First Assistant U.S. Attorney Desiree Grace or former U.S. District Court Judge Noel Lawrence Hillman.
If the judges take no action, Grace will serve as acting U.S. Attorney until the judiciary selects a new candidate or the U.S. Senate confirms a nominee.
President Donald Trump nominated Habba for a full term on July 1, but her confirmation faces strong opposition from New Jersey’s Democratic senators, Cory Booker and Andy Kim, who have refused to endorse her nomination — a traditional requirement for Senate approval.
It remains unclear whether Trump will withdraw Habba’s nomination or continue to push for her confirmation.
Once the district judges appoint a new U.S. Attorney, the decision would not be reversible by U.S. Attorney General Pam Bondi. However, Trump could intervene and override the appointment with his own nominee, pending Senate approval. If no vote takes place, Grace could serve in an acting capacity for up to 210 days under federal law.
The situation is reminicient of a previous episode during Trump’s first term when he never formally nominated a U.S. Attorney for New Jersey. In 2018, Craig Carpenito initially served in an acting role before being appointed by the judges — although Carpenito was widely considered Trump’s preferred candidate.