The tug-of-war over leadership in the New Jersey U.S. Attorney’s Office took another turn this week, as a federal appeals court upheld a ruling that disqualified Alina Habba — President Donald Trump’s former personal attorney and one of his most trusted fighters — from continuing to serve as acting U.S. attorney. And in classic fashion, the establishment cheered, pretending this was all about “process,” while conveniently ignoring the obvious: the system is clogged with political roadblocks designed to stop Trump’s people from doing their jobs.
Habba was first tapped by Trump in December 2024 as counselor to the president, and by March, he elevated her to the top federal prosecutor role in New Jersey. But when her 120-day interim period ended in July, district court judges decided to replace her with her chief deputy. Within hours of that vote, the DOJ fired the replacement, Desiree Grace — proving once again how messy things can get when entrenched bureaucrats realize someone loyal to Trump is actually gaining ground.
Attorney General Pam Bondi then moved Habba into Grace’s former deputy role, giving her acting control of the office again since — shocker — Democrats still hadn’t allowed anyone to be confirmed to the job. The Trump administration has been very clear: they want Habba in that position, but Washington’s political games have made that nearly impossible.
On Monday, a three-judge panel from the U.S. Court of Appeals for the Third Circuit unanimously upheld Judge Matthew Brann’s earlier decision declaring that Habba was not “lawfully” appointed. The ruling stemmed from a challenge filed by two criminal defendants who claimed her appointment was unconstitutional — because apparently even criminals get a say these days when it comes to blocking Trump officials.
The appeals court agreed with the lower court on the appointment issue but, notably, did not dismiss the defendants’ cases. Judge D. Michael Fisher wrote in the opinion that the administration has faced “legal and political barriers” in getting its nominees in place — a very polite way of saying Democrats have weaponized every procedural tool they can get their hands on.
One major barrier? The Senate’s outdated and abused “blue slip” tradition. Trump nominated Habba for the permanent role, but Senators Cory Booker and Andy Kim — both Democrats and both proudly uncooperative — refused to return their blue slips, grinding the process to a halt. Senate Judiciary Chairman Chuck Grassley also hasn’t moved forward without those blue slips, prompting frustration from both Trump and Habba herself.
Trump called Grassley out directly on Truth Social in July, noting that the senator could resolve the issue “with a mere flick of the pen.” Habba echoed that sentiment on Hannity, emphasizing that she has never even spoken to Booker or Kim despite trying to meet them — yet these same senators have decided to block her nomination entirely.
“And frankly,” she added, “same with Sen. Grassley by holding up a traditional blue slip, not a law, and not allowing a lot of the president’s picks to go through.”
At the end of the day, the situation makes one thing painfully clear: Trump’s attempts to put qualified, loyal public servants into key positions are still facing resistance from every angle — political, procedural, and otherwise. But if history has taught us anything, it’s that persistence wins. And the Trump administration has never been short on persistence.
