Alina Habba, a former personal attorney to President Donald Trump, resigned on Monday from her position as acting U.S. attorney for the District of New Jersey. This decision follows a ruling by the U.S. Court of Appeals for the Third Circuit, which found her appointment to be unlawful.
Habba was appointed as interim U.S. attorney in March 2025, despite lacking prior federal prosecutorial experience. Her tenure faced opposition from Democratic senators and was marked by legal challenges. After her 120-day interim term expired in July, a panel of New Jersey federal judges declined to extend her tenure and appointed her deputy, Desiree Leigh Grace, to the position. Attorney General Pam Bondi responded by firing Grace and reappointing Habba through a series of legal maneuvers. These actions led to a protracted legal conflict that disrupted New Jersey’s federal court operations.
In August, Chief U.S. District Judge Matthew W. Brann ruled that Habba had been serving without lawful authority since July 1. This decision was upheld by a unanimous three-judge panel of the Third Circuit Court of Appeals on December 1. The court found that the Trump administration violated federal appointments law by continuing Habba in the role after her interim term lapsed without Senate confirmation. The judges emphasized the need for clarity and stability in such appointments, particularly for the citizens of New Jersey and the U.S. attorney’s office.
In her resignation statement, Habba criticized the ruling as politically motivated but stated that she was stepping down “to protect the stability and integrity” of the office. She added, “But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.” Attorney General Bondi expressed disappointment over the court’s decision and indicated that the Department of Justice would seek further review. Bondi stated, “The Department of Justice will seek further review of this decision, and we are confident it will be reversed. Alina intends to return to lead the U.S. Attorney’s Office for the District of New Jersey if this occurs.”
Despite stepping down, Habba will continue to serve within the Justice Department as a senior adviser to Attorney General Bondi, focusing on U.S. attorneys nationwide. The controversy surrounding her appointment is part of a broader pattern of legal challenges to Trump administration appointees, with similar disputes arising in other jurisdictions. The fallout raises questions about the administration’s approach to federal appointments and the judiciary’s role in overseeing them.
The Department of Justice has not yet announced who will succeed Habba as the U.S. attorney for New Jersey. The situation underscores the ongoing tensions between the executive branch and the judiciary over the appointment and confirmation of federal prosecutors.