Judges vote against extending Alina Habba's term as US attorney in New Jersey

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Interim U.S. Attorney Alina Habba's future as the top prosecutor in the District of New Jersey was thrust into uncertainty Tuesday after district court judges voted against keeping her in the role.

Habba's 120-day term expires Tuesday night, and after convening behind closed doors Monday to consider extending her term, the judges voted to replace her with Desiree Grace, a career attorney and Habba's top assistant. Grace will take over the post temporarily beginning Wednesday.

Habba, who served as President Donald Trump’s personal lawyer and legal spokeswoman during his campaign, stirred controversy soon after she ascended to U.S. attorney.

She had Newark’s Democratic mayor, Ras Baraka, arrested in May for allegedly trespassing in an immigration detention facility. But Habba quickly dropped the charges, and a judge scolded her for the move, suggesting she was attempting to "satisfy public clamor." Baraka is now suing Habba for defamation.

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Trump made clear this month he wanted to keep Habba as U.S. attorney, nominating her for the full four-year position earlier this month. Habba has also nabbed endorsements from several law enforcement groups, who have praised her as a tough prosecutor who will prioritize street crime.

But Habba has also been heavily criticized for having no prior prosecutorial experience and politicizing the role, including by saying on a right-wing podcast after she took the job that she hoped to help "turn New Jersey red." 

Habba has no current path to Senate confirmation after New Jersey’s two Democratic senators, Cory Booker and Andy Kim, submitted blue slips disapproving of her nomination.

Trump found a roundabout way to temporarily reinstate the U.S. attorney for the Northern District of New York, who had been in a situation similar to Habba's. Fox News Digital reached out to the White House for comment.

Deputy Attorney General Todd Blanche defended Habba on Monday and said the criticisms, including those from the senators and House Minority Leader Hakeem Jeffries, D-N.Y, were a "smear campaign."

Habba has the "full confidence of DOJ leadership because she’s doing the job—aggressively, independently, and by the book," Blanche wrote on X on Monday. "The district judges should not be swayed by political noise. Keep her in place."

Fox News' Bill Mears contributed to this report.

This is a breaking story. Check back for updates.

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