President Trump appointed Alina Habba as the acting U.S. Attorney for the District of New Jersey back in March. The move stirred up plenty of noise from the usual critics, but legally speaking, the president is standing on solid ground.
The district judges in New Jersey are thinking about replacing @realdonaldtrump’s chosen US Attorney—@USAttyHabba—with someone the judges choose under a statute purporting to give them that power. But if the judges attempt that move, it should fail. Here’s why. 1/ https://t.co/i0NvLL9Knd pic.twitter.com/tPVBhy1tuB
— James Burnham (@BurnhamDC) July 21, 2025
Habba isn’t new to the spotlight. She’s been one of Trump’s go-to legal voices and made a name for herself defending him in a major civil case out of New York.
That case involved how Trump’s assets were valued and ended with Habba and other lawyers being fined $50,000 back in 2022. Some folks saw that as a black mark, but others saw it as her standing her ground in a politically charged courtroom.
Now she’s stepped into a bigger role, and not everyone’s happy about it.
Critics Target an Old Interview
In January, Habba came under fire for comments she made about social media personality Andrew Tate.
She praised some of his messages about strength and independence, though she didn’t endorse everything he’s said or done. That didn’t stop critics from demanding she be dropped from any serious legal role.
But let’s be honest. Folks calling for her head are the same ones who think anyone connected to Trump is unfit to serve, no matter their experience or qualifications.
This is beyond outrageous! I didn’t know this was even do-able. But you gotta admire the chutzpah- the sheer brazenness of the Democrats. They have NO shame, NO respect for the law. The House GOP needs to file Articles of Impeachment against every one of these judges.… https://t.co/QOdEPdadBB
— Cleta Mitchell (@CletaMitchell) July 21, 2025
What the Law Actually Says
While the critics rant, the Constitution and federal law tell a different story.
In fact, the Supreme Court made it clear all the way back in 1926 (in a case called Myers v. United States) that the president has wide power to appoint and remove executive officials.
That includes U.S. Attorneys, who serve at the pleasure of the president.
In case anyone’s wondering about the Senate’s role, here’s how it works: If there’s no Senate-confirmed U.S. Attorney in place, the Attorney General or the president can appoint someone to act in the role.
If nobody’s confirmed after 120 days, then – and only then – can a district court step in to appoint someone.
That rule comes from a 2007 update to 28 U.S. Code § 546. It’s the same rule being used in New Jersey right now.
So Trump’s move to install Habba? Completely within the law.
Not the First Time This Has Happened
New Jersey isn’t the only place where this kind of appointment has happened recently.
In New York’s Northern District, Attorney General Pam Bondi made a similar move by appointing John Sarcone to keep things running after a judicial panel issued a decision affecting leadership there.
It’s a smart move to keep these offices staffed with people who are trusted and aligned with the administration’s goals, especially with rising crime, immigration issues, and a DOJ that’s still dealing with the fallout of past political meddling.
A Clear Message
By choosing Habba, Trump was doing more than just filling a job. He was sending a message.
He’s putting people in place who aren’t afraid to push back, take heat, and still do what they believe is right – even when the media tries to tear them down.
Critics can keep yelling about her past cases or her comments on a talk show. What matters is whether she can lead, follow the law, and help restore trust in a justice system that many Americans feel has lost its way.
In that regard, Habba’s appointment looks like a step in the right direction.
This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
