Former President Donald Trump has sparked a legal and political clash by reappointing Alina Habba as the Acting U.S. Attorney for New Jersey, despite opposition from federal judges and Democratic senators. Habba’s initial 120-day interim term was set to expire Friday at midnight, and a majority of New Jersey’s federal judges — most appointed by Democrats — had selected Desiree Grace, one of her assistants, to take her place.

Rather than let Habba’s term lapse or allow Grace’s appointment to stand, Trump withdrew Habba’s nomination for permanent U.S. attorney and reappointed her as acting U.S. attorney, exploiting a legal loophole since the position is technically vacant. This move allowed Habba to stay on for another 210 days, circumventing the judges’ decision.

In a defiant statement on social media, Habba said:

“I do not yield to pressure. I do not respond to political influences. This is a battle for justice. And I am fully committed.”

Meanwhile, Grace, who had been lawfully chosen by the district’s judges, expressed disappointment but maintained professionalism. She noted that she had earned her position “on merit” and that politics had never influenced her work during multiple administrations. Despite this, she was abruptly fired by Attorney General Pam Bondi, further escalating tensions.

This is not an isolated case. The Trump administration recently used a similar tactic in the Northern District of New York by giving John Sarcone III, another Trump appointee blocked by judges, a role as a “special attorney” under Bondi — granting him U.S. attorney-level authority.

Habba’s reappointment is further complicated by Senate opposition. New Jersey Senators Cory Booker and Andy Kim, both Democrats, are using the Senate’s “blue slip” tradition to block her permanent nomination. Moreover, the administration has not submitted formal paperwork to move her confirmation forward.

Booker criticized the administration’s actions, calling Grace’s dismissal a violation of judicial independence:

“This Administration may not agree with the law, but they are not above it.”

Adding fuel to the fire, Habba is currently leading a federal prosecution against Rep. Lamonica McIver (D-NJ), who is accused of assaulting an ICE agent. If convicted, McIver could face years in prison. She has denounced the charges as racially motivated and has begun fundraising for her legal defense.

This unfolding situation highlights ongoing conflicts between the executive branch, the judiciary, and the Senate over judicial independence, political loyalty, and rule of law.