When Alina Habba was installed by President Trump as acting U.S. attorney for the District of New Jersey on March 24, a 120-day stopwatch was immediately triggered.
That’s how long an interim U.S. attorney can serve without Senate confirmation, unless the state’s district court judges vote in a rare meeting to extend that deadline, which expires Tuesday.
Habba has not received Senate confirmation and faces an uphill battle in a state represented by two Democratic senators adamantly opposed to her holding the office. That leaves it up to the state’s judges, who have a decision to make Monday about Habba.
Deputy Attorney General Todd Blanche urged the judges to allow her to remain in the job in a pair of social media posts on Sunday evening and Monday morning.
Habba “has brought steady leadership and sound judgment as interim U.S. Attorney for New Jersey,” wrote Blanche. “She has the full confidence of [the president] and DOJ. District judges should use their authority to keep her in place.”
Habba did not immediately reply to questions from CBS News. She was nominated by Mr. Trump on July 1 for a full term as U.S. attorney.
Blanche led Mr. Trump’s personal criminal defense team, and Habba led his personal civil defense team in multiple major cases during the years between his terms in office. Habba had never worked in law enforcement prior to her appointment to the U.S. attorney’s office.
Blanche wrote that “Habba has the full confidence of DOJ leadership because she’s doing the job—aggressively, independently, and by the book. The district judges should not be swayed by political noise. Keep her in place.”
Habba’s brief tenure as the top federal law enforcer in her home state has been tumultuous. But she has received permission to hire 20 new prosecutors, according to the New Jersey Globe, a major achievement amid drastic workforce cuts across the federal government.
She has also repeatedly clashed with the state’s top Democrats.
The role of a U.S. attorney is traditionally viewed as nonpartisan, but Habba told an interviewer early in her time in office that she aimed to help “turn New Jersey red,” referring to the color associated with Republicans. “I think New Jersey is absolutely close to getting there,” she told right-wing outlet Real America’s Voice. “So, hopefully while I’m there, I can help that cause.”
She also announced investigations into New Jersey’s Democratic governor and attorney general, who oppose the president’s immigration measures. In May, Habba’s office charged Newark Mayor Ras Baraka with criminal trespassing and U.S. Rep. LaMonica McIver with assault after a protest at an immigration facility.
The charges against Baraka were dropped, and McIver entered a not guilty plea.
