President Trump is pushing back against federal judges trying to block his appointments of key prosecutors in blue states like New Jersey, New York, and California.
A brewing legal dispute in New Jersey reveals just how far he’s willing to go to assert executive authority over U.S. attorney roles.
Key Facts:
- President Trump appointed Alina Habba, his former attorney, as U.S. attorney in New Jersey without Senate confirmation.
- Federal judges attempted to replace Habba with career prosecutor Desiree Leigh Grace.
- Trump then removed Grace and re-designated Habba as “acting” U.S. attorney.
- A defendant in a drug case is challenging Habba’s authority, leading to legal confusion and delays.
- Similar maneuvering is occurring in California and New York with Trump-aligned prosecutors.
The Rest of The Story:
President Trump is asserting his authority under Article II of the Constitution to keep loyal appointees like Alina Habba in key prosecutor roles despite resistance from the federal judiciary and Senate Democrats.
In New Jersey, Habba was initially serving in an interim role until judges voted to replace her with another prosecutor.
Rather than let that happen, the administration fired the judges’ pick and reclassified Habba as “acting” U.S. attorney—creating legal questions about whether her appointment holds up.
One defendant’s lawyer has even asked a federal judge to dismiss charges on the grounds that Habba has no legal authority to prosecute the case.
That defendant, Julien Giraud, faces routine drug and firearm charges.
His attorney called Habba’s appointment “irregular” and claimed any actions taken by her or her assistants are invalid.
Habba responded publicly, saying, “I am confident we will win any and all attempts to thwart the well-established Article II Powers of the Executive Branch and the President of the United States.”
A similar situation is playing out in California, where U.S. Attorney Bill Essayli, who brought charges against anti-ICE protestors, was also shifted from interim to acting after judges declined to approve him.
And in New York, John Sarcone is continuing as acting U.S. attorney through similar executive maneuvering.
Commentary:
This showdown shows what happens when unelected judges think they can override the constitutional powers of a sitting president.
By trying to install their own choice for top federal prosecutor in New Jersey, judges in that district crossed a line.
President Trump responded swiftly and within the law, reclassifying Alina Habba’s role to preserve continuity and control over federal prosecutions.
The Constitution gives the president authority over executive appointments, especially when the Senate refuses to act.
The Senate’s inaction—driven by partisan gamesmanship from Democrats like Cory Booker and Andy Kim—should not be allowed to paralyze the federal government.
Either confirm the nominees or step aside and let the president make recess appointments.
It’s clear these judges were emboldened to try and sabotage the president’s appointees.
But they just learned that this White House won’t sit idly by. Trump isn’t playing by their rules—he’s playing by the Constitution.
The delay in courts, the drama with Giraud’s defense team, and Booker’s grandstanding are distractions.
The real issue is the power struggle over who controls federal law enforcement in left-leaning states.
The executive branch has every right to maintain its leadership team, especially in the absence of timely Senate action.
Trump is sending a strong message: the judiciary doesn’t get to play kingmaker in the executive branch.
In California and New York, the same resistance is surfacing—but so is the same solution.
The president is showing that he knows the law and how to use it. These acting appointments are legal, necessary, and appropriate.
If Democrats in the Senate want more say in these appointments, they should show up, vote, and stop abusing blue slip privileges to stall every Trump nominee who doesn’t fit their ideological mold.
The Bottom Line:
President Trump is taking bold steps to keep his chosen prosecutors in place despite resistance from judges and Senate Democrats.
His use of acting appointments is a lawful strategy to prevent judicial overreach and political obstruction.
The courts may resist, but Trump’s actions are forcing a reckoning on executive power and accountability.
The president’s message is clear: he’s in charge—and he’s not backing down.
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