President Donald Trump used an appointment workaround to retain Alina Habba as Acting U.S. Attorney for New Jersey, despite federal judges selecting her assistant, Desiree Grace, to take over the role. Habba’s 120-day temporary appointment was expiring, and with no Senate confirmation yet for her permanent role, Trump withdrew her nomination and reappointed her through a different route.

Instead of pushing her stalled nomination forward, Trump named Habba’s first assistant as the acting U.S. Attorney, then had Habba reassume that role since the position was technically vacant. This strategic move allowed her to stay in power without Senate approval, frustrating the judicial panel that had chosen Grace for the role.

Grace, who had prepared to take over, was subsequently fired by Attorney General Pam Bondi after the judges’ selection. Grace responded by asserting her nonpartisan record, emphasizing that she had been promoted under both Republican and Democratic leadership. She publicly committed to upholding the law without political interference.

This maneuver follows a similar situation in New York, where Trump kept John Sarcone III in place after judges rejected extending his term. Sarcone was designated a “special attorney” to Bondi, giving him the powers of a U.S. attorney indefinitely, raising concerns about political interference in prosecutorial appointments.

Habba’s reappointment is limited to 210 days unless confirmed by the Senate. However, her path forward remains blocked by New Jersey’s two Democratic senators, Cory Booker and Andy Kim, who are using the Senate’s “blue slip” tradition to stop her nomination from moving forward.

Senator Booker condemned the firing of Grace, calling it an attack on judicial independence. Meanwhile, Habba recently brought charges against Rep. Lamonica McIver (D-N.J.), who is now fundraising off the indictment, claiming it is racially and politically motivated. If convicted, McIver faces prison time and a significant fine.