(WASHINGTON) — President Donald Trump’s attempt to ensure his pick remains in charge of the U.S. Attorney’s Office in New Jersey has taken a new twist.
On Thursday, one day before Alina Habba’s tenure as the Interim United States Attorney for the District of New Jersey was set to expire, the White House withdrew her nomination for the post.
Habba then announced on social media that she is now the Acting United States Attorney, seemingly restarting the clock on what is usually a 120-day temporary term. Trump first appointed Habba as the state’s interim U.S. attorney in March.
“I don’t cower to pressure. I don’t answer to politics. This is a fight for justice. And I’m all in,” Habba wrote on social media.
The unorthodox legal maneuver appears to end a stalemate that began when federal judges in New Jersey selected Desiree Leigh Grace, an experienced federal prosecutor, over Habba, the president’s former personal attorney and choice to lead the office. The Department of Justice quickly stated that it fired Grace, leaving unclear who would take over the office.
In a social media post, Grace stated that she would still be willing to lead the office “in accordance with the law.”
“The District Judges for the District of New Jersey selected me to serve as the United States Attorney for the District of New Jersey. It will forever be the greatest honor that they selected me on merit, and I’m prepared to follow that Order and begin to serve in accordance with the law,” she wrote.
The Trump administration’s move to pull Habba’s nomination and then install her in an acting capacity appears to take advantage of a section of the Federal Vacancies Reform Act, which allows an acting officer to serve in a position for no more than 210 days if no one is nominated to the position.
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