Fallout From a Controversial Tenure
Habba’s turbulent rise began when Trump tapped her as interim U.S. attorney in March, a role that required Senate confirmation—a step that never came. Her nomination ultimately collapsed under opposition from New Jersey’s two Democratic senators.
Once her 120-day interim authority expired, Chief U.S. District Judge Renée Marie Bumb appointed First Assistant U.S. Attorney Desiree Grace to serve. But Attorney General Pam Bondi swiftly dismissed Grace, installing Habba first as a special attorney, then as first assistant, effectively placing her atop the office despite the statutory constraints.
Court Rejects Justice Department’s “Retroactive First Assistant” Theory
U.S. Circuit Judge D. Michael Fisher, writing for the panel, said the law is unmistakably clear: only the first assistant in place when the vacancy arises may automatically step into the role of acting U.S. attorney under the FVRA. The court rejected the Justice Department’s argument that Habba could be retroactively designated and then “sprung forward” into the acting role.
“Habba is not the acting U.S. attorney … because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the FVRA,” Judge Fisher wrote.
Joining Fisher on the panel were U.S. Circuit Judges L. Felipe Restrepo, D. Brooks Smith, and Fisher himself.
