

On July 22, 2025, U.S. Attorney Alina Habba’s interim term expired. In accordance with 28 U.S.C. § 546(d), a panel of federal judges appointed her deputy, Desiree Leigh Grace, to maintain continuity in New Jersey’s U.S. Attorney’s Office. Their action was legal, routine, and statutorily authorized. Within hours, Attorney General Pam Bondi fired Grace, publicly accusing the judges of violating presidential authority under Article II and labeling them “rogue.” No successor was named. DOJ ordered prosecutions, subpoenas, and plea deals rerouted through headquarters in Washington. FBI coordination stalled. Internal directives imposed “pause protocols.” The office—among the nation’s busiest—was suddenly paralyzed.
But this wasn’t bureaucratic confusion. It was a calculated shift. Bondi’s DOJ appears to be no longer tethered to law enforcement independence, instead being subordinated to executive loyalty. Career prosecutors were instructed to “zealously defend presidential interests,” even when doing so contradicted ethics, precedent, or prosecutorial discretion. Public trust cratered. Ethics offices were dismantled. Whistleblowers fell silent. Over one hundred attorneys were forced out or resigned. Jan. 6 investigators were removed mid-case. The Civil Rights Division was gutted. Ethics Director Joseph Tirrell was terminated without explanation. Internal oversight vanished. Subpoenas quietly disappeared. Charging memos were revised according to optics rather than merit. Investigations froze. DOJ veterans described the landscape as “tactical amnesia”—deliberate erasure of institutional memory in favor of ideological control.
The judiciary soon found itself under siege. In May, the U.S. District Court for Maryland issued a standing order pausing deportations for forty-eight hours when emergency habeas petitions were filed—a temporary safeguard to uphold due process. Bondi’s DOJ responded by suing every sitting federal judge in the district. The court condemned the lawsuit as “unprecedented” and “fundamentally incompatible with the separation of powers,” pointedly stating that “the Department of Justice is not a Denny’s.” The Fourth Circuit intervened, assigning an out-of-district judge to manage the escalating crisis.
Legal institutions recoiled. The National Bar Association denounced a White House directive urging Bondi to sanction attorneys for “frivolous” litigation, warning that it threatened legitimate advocacy and attorney independence. Three retired Florida Supreme Court justices filed ethics complaints, accusing Bondi of weaponizing the DOJ against legal dissent.
Bondi’s defense hinged on Article II, asserting sole presidential authority over appointments. But her argument omits a crucial clause: Article II allows Congress to vest appointment power in courts or department heads for “inferior officers.” That’s precisely what 28 U.S.C. § 546(d) does. The judges’ appointment of Grace was neither rogue nor unconstitutional—it was a faithful execution of law. Bondi’s rejection of this statutory framework is not simply legally dubious—it defies the Constitution she invokes.
Meanwhile, her actions directly violate Article III. Judicial independence is enshrined as a coequal safeguard. Judges cannot be punished for exercising legal discretion. Bondi’s lawsuits, condemnations, and overrides clash with the very principles that preserve democratic checks and balances.
Inside DOJ, morale collapsed. Prosecutors reported pressure to revise charging decisions. Investigations were suspended. Ethics oversight disintegrated. Public rebukes from federal judges became routine. Attorneys feared retaliation not for misconduct—but for upholding the law.
This is not dysfunction. It’s a redesign. The Justice Department was never built to serve a presidency. It was built to serve the public. Under Pam Bondi, that distinction is fading. And the architecture of democratic accountability is buckling.
The Constitution wasn’t meant to accommodate executive impulse. It was built to restrain it. Bondi’s DOJ doesn’t just bend those principles. It breaks them.
And the country is watching.
References
- Full text of 28 U.S.C. § 546 – Vacancies
- Annotated Article II of the U.S. Constitution – Executive Branch
- Annotated Article III of the U.S. Constitution – Judicial Branch
- Legislative history of the Preserving United States Attorney Independence Act of 2007

