U.S. President Donald Trump listens as White House Presidential Counselor Alina Habba delivers remarks before being sworn in as the interim U.S. Attorney for New Jersey in the Oval Office at the White House on Mar. 28, 2025 in Washington, DC. (Andrew Harnik/Getty Images)
Habba’s appointment appeared set to end last week when federal judges in New Jersey voted to replace her instead of extending her temporary term under federal vacancy laws. The judges picked veteran prosecutor Desiree Leigh Grace to succeed Habba, who lacks a prosecutorial background.
But the Trump administration attempted to outmaneuver the judges by firing Grace and switching Habba from interim to "acting" U.S. attorney. The move has caused confusion about who is leading the office, according to the attorney of criminal defendant Julien Giraud.
Giraud is facing run-of-the-mill drug and gun charges in Habba's district, but his attorney, Thomas Mirigliano, said Habba's "irregular" designation and re-designation as U.S. attorney is unlawful and grounds for dismissing his client's case.
DOJ SWIFTLY FIRES ALINA HABBA'S COURT-APPOINTED REPLACEMENT FOR US ATTORNEY IN NEW JERSEY
US Attorney for the Central District of California Bilal Essayli, speaks during a news conference with Department of Homeland Security Secretary Kristi Noem (out of frame) at the Wilshire Federal Building in Los Angeles on June 12, 2025. (PATRICK T. FALLON/AFP via Getty Images)
Bill Essayli, the temporary U.S. attorney in the Central District of California, was transitioned Tuesday from interim to acting U.S. attorney at the end of his 120-day tenure. Essayli is a Trump-aligned prosecutor who made national headlines after he brought a series of high-profile charges against anti-ICE activists protesting in Los Angeles last month, but critics have observed that his office has since moved to dismiss some of those cases or reduce the charges.
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The chief judge in Essayli’s district, Dolly Gee, an Obama appointee, declined to take action on permanently approving Essayli after his 120-day interim period. The Trump administration’s legal maneuvers to keep him in his job have positioned him to serve as the district’s lead prosecutor for at least an additional 210 days, the designated term for an acting U.S. attorney.
In the Northern District of New York, John Sarcone was also transitioned from interim to acting U.S. attorney.
Matt Finn contributed to this report.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/trump-exploits-loopholes-keep-alina-habba-us-attorney-role-triggering-court-clash