In a fiery conversation on Monday’s WarRoom, Steve Bannon and Mike Davis laid bare what they see as a brazen political attack on President Trump’s authority—this time playing out in New Jersey’s federal courts. The target? U.S. Attorney Alina Habba, who was appointed on an interim basis and, by all accounts, doing a stellar job. But now, she’s facing removal by judges, not voters or elected officials.
Quick Clip:
MIKE DAVIS: Hakeem Jeffries is urging 17 federal judges to remove Alina Habba.
Her crime? Indicting a Democrat who assaulted a federal officer.
This is weaponized politics, not justice.@mrddmia pic.twitter.com/9mYfDpynmh
— Bannon’s WarRoom (@Bannons_WarRoom) July 21, 2025
"This is purely political by Hakeem Jeffries,” Davis said flatly. "He’s trying to get these 17 New Jersey federal judges to violate their ethics code just because Alina Habba brought an indictment against a Democrat House member who allegedly assaulted a federal immigration officer.”
According to Davis, 15 of the 17 district court judges in New Jersey were appointed by Barack Obama or Joe Biden. They’re now reportedly meeting behind closed doors to vote on whether Habba should stay or go, despite being appointed by President Trump under his lawful powers. Bannon didn’t hold back: "You have 17 judges deciding whether the president gets to keep his U.S. attorney in New Jersey, and there’s nothing we can do about it. This shows you how unconstitutional this is.”
Davis explained the technical mechanics behind this mess. While the president can appoint a U.S. Attorney for 120 days without Senate confirmation, if no confirmation happens, a strange statute kicks in—one Davis calls "unconstitutional”—that allows district court judges to vote on whether the prosecutor stays. Normally, judges defer to the president’s choice. But not this time.
"What we’re seeing now is a precedent being set during Trump 47,” Davis said. "These Democrat activist judges are voting to fire the president’s U.S. attorney. That’s never been the tradition.”
Bannon linked the situation to the broader strategy of lawfare that has plagued Trump’s presidency: "This is another example of even President Trump not being allowed to get his people in place. It’s delay to deny—classic Deep State tactics.”
Hakeem Jeffries, House Democrat Leader, had recently posted on X urging these judges to oust Habba. Davis, founder of the Article III Project, fired back by filing a House ethics complaint against Jeffries. "It is a clear violation of the House ethics rules,” he said. "You cannot strong-arm federal judges into firing a prosecutor for doing her job.”
To make matters worse, there’s no clear way for the public to weigh in. "You can’t even call the judges,” Bannon noted. "When the president nominates someone, you can call the White House. When the Senate confirms someone, you call your senator. But this? Total head scratcher.”
Davis warned the judges: "If they follow Hakeem Jeffries’ recommendation and fire Alina Habba today, they will also face judicial misconduct complaints—seventeen of them—from the Article III Project.”
As this showdown unfolds in the Garden State, it’s clear the battle lines between Trump’s administration and entrenched legal operatives are still very much alive. And for Bannon and Davis, this fight is not just about one attorney—it’s about who governs America.
For more context, watch this whole segment featuring Mike Davis: