N.J. federal judges sideline Alina Habba as top prosecutor, DOJ ousts her replacement

Federal judges in New Jersey invoked a rarely used judiciary power to sideline interim U.S. Attorney Alina Habba, installing her top assistant as the state's top federal prosecutor — but hours later, the Trump administration responded by ousting Habba's deputy.

President Trump installed Habba, who had served as his personal attorney, on March 24 in an interim capacity. An appointee can lead a U.S. attorney's office for up to 120 days pending Senate confirmation. Habba was not formally nominated for the role until July 1 and has not been confirmed.

The state's district judges voted to replace her. Chief Judge Renée Bumb wrote in an order Tuesday that they appointed Habba's first assistant, longtime prosecutor Desiree Leigh Grace, to the role.

Hours later, Attorney General Pam Bondi said the Justice Department had "removed" Grace, accusing "rogue judges" of "threatening" the president's constitutional powers.

A Justice Department official told CBS News that Grace is no longer with the department.

New Jersey Sens. Cory Booker and Andy Kim, both Democrats, condemned Grace's removal.

"The firing of a career public servant, lawfully appointed by the court, is another blatant attempt to intimidate anyone that doesn't agree with them and undermine judicial independence," the two senators wrote in a joint statement.

CBS News has reached out to Grace for comment.

Deputy Attorney General Todd Blanche, who in social media posts on Sunday and Monday urged the judges to keep Habba in the role, blasted their decision Tuesday.

Blanche accused the judges of "trying to force out" Habba, and serving "a left-wing agenda, not the rule of law."

"When judges act like activists, they undermine confidence in our justice system. Alina is President Trump's choice to lead—and no partisan bench can override that," Blanche wrote.

Habba did not immediately reply to a request for comment by CBS News.

Habba faced an uphill battle to secure Senate confirmation, which was opposed by the state's two Democratic senators.

Democratic Sen. Cory Booker of New Jersey praised the judges' decision in a social media post Tuesday, noting that Grace has been a federal prosecutor in the state since 2016.

"The people of New Jersey deserve a United States Attorney who will enforce the law without fear or favor, always in pursuit of the public interest and guided by the principles of impartiality and fairness," Booker wrote.

Habba's time in office was marked by clashes with Democrats. Her office charged Newark Mayor Ras Baraka with criminal trespassing and U.S. Rep. LaMonica McIver with assault after a May protest at an immigration facility.

The charges against Baraka were dropped, and McIver entered a not guilty plea.

Habba was previously counselor to the president early in his second term. For several years prior, she was a lead attorney on many of his most high-profile civil cases, including a New York state fraud case and a defamation case involving the writer E. Jean Carroll. A judge and a jury in those cases found Mr. Trump liable for about half a billion dollars in damages and disgorgement.