🧩 President Trump used a clever legal workaround to reinstate Alina Habba as acting U.S. Attorney for New Jersey — despite a leftist overtly political panel of federal judges voting to replace her.
🔧 Here's how he did it:
- Judges declined to extend Habba’s 120-day interim term, instead appointing her deputy, Desiree Leigh Grace, under 28 U.S. Code § 546(d).
- In response, Attorney General Pam Bondi fired Grace — even before she could assume the role.
- Then, Trump withdrew Habba’s formal nomination for the permanent position, which required Senate confirmation.
- Bondi reappointed Habba as First Assistant U.S. Attorney, a move that automatically made her acting U.S. Attorney again, since the top spot was now vacant.
This maneuver allowed Habba to bypass Senate confirmation and override the judges’ decision, at least temporarily. It’s similar to how Trump kept another controversial pick, John Sarcone, in office by naming him “special attorney to the attorney general”.
⚖️ Legal & Political Fallout:
- Supporters argue it’s a lawful use of executive power to counter what they see as partisan interference.
- Critics say this tactic undermines judicial independence and sets a dangerous precedent.
- Habba now serves in an acting capacity, and could remain in this capacity indefinitely using the same maneuver. Her official status depends on whether the Senate approves her.
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