By honoring the U.S. Senate’s blue-slip tradition, two GOP members are “becoming part of the antithesis” of what President Donald Trump’s administration is trying to accomplish, acting New Jersey U.S. Attorney Alina Habba said.
Habba was nominated for the full-time New Jersey position in March, but Democrat Sens. Cory Booker and Andy Kim used blue slips to prevent her from advancing in the chamber. Blue slips allow home-state senators to block U.S. attorney and District Court judge nominees.
Trump has called on Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, to have the “courage” to stop honoring the blue slips, but the senator has refused to budge. Also, committee member Sen. Thom Tillis, R-N.C., has said he’d serve as a check against anyone opposed by a home-state senator even if Grassley revoked the procedure, Politico reported.
Habba told Fox News’ Maria Bartiromo on Sunday that she and the president’s other nominees deserve floor votes.
“This tradition that Sen. Grassley is upholding effectively prevents anybody in a blue state from going through into Senate to then be voted on,” Habba told Bartiromo.
“Sen. Booker and Sen. Kim had absolutely every right to vote no for me for the U.S. Attorney position. But I had the right as the nominee to get in front of Senate and to be voted on, to be vetted. I never even got there.”
The result, Habba said, is senators from Democrat-led states can block Trump’s initiatives.
“The truth is it has nothing to do with the work that we’re doing, it has nothing to do with the crime that we’re stopping,” she told Bartiromo. “It has to do with trying to prevent President Trump from continuing his agenda, and it has to stop.
“So I would say to Sen. Tillis and Sen. Grassley, you are becoming part of the issue. You are becoming part of the antithesis of what we fought for four years.”
Trump withdrew Habba’s nomination in late July after her 120-day interim period expired and then named her acting U.S. attorney for up to 210 days under the Federal Vacancies Reform Act.
However, a panel of District Court judges had appointed Desiree Leigh Grace, Habba’s first assistant, to the interim position after Habba’s 120-day period expired.
U.S. District Judge Matthew Brann on Thursday ruled Habba has been unlawfully serving as the top federal prosecutor in New Jersey.
“I conclude that she is not statutorily eligible to perform the functions and duties of the office of the United States Attorney and has therefore unlawfully held the role since July 24, 2025,” Brann wrote.
Brann said he’s putting his order on hold pending an appeal.
The Associated Press contributed to this story.
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