A possible standoff is brewing over who will replace Alina Habba as US attorney in New Jersey, with her interim appointment set to expire Friday. Desiree Leigh Grace, a top prosecutor fired by the Justice Department, is vowing to take over the job “in accordance with the law.” To do so, Grace would have to be sworn in by a federal judge just after midnight Friday when Habba ceases to be US attorney. The Justice Department hasn’t said what it plans to do with the position, other than Bondi and Todd Blanche, the deputy attorney general, decrying the appointment of Grace and accusing the judges of political motivations and attempting to usurp President Donald Trump’s appointment powers. If Grace assumes the job, the president could fire her.
The department could still outmaneuver the judges by having Habba leave before midnight Friday and appointing a new interim US attorney, a move they’ve used in other cases. Grace posted a lengthy message on LinkedIn thanking colleagues and pushing back that politics played any part in how she did her job. The dispute is a consequence of the slow pace of the US Senate to approve Trump’s US attorney nominations. If the administration doesn’t fill the job and the Senate doesn’t confirm a nominee, federal judges in the district can select a temporary US attorney.