Alina Habba Steps Down as U.S. Attorney for New Jersey

Donald Trump’s former personal attorney, Alina Habba, will resign as U.S. Attorney for New Jersey following a federal appeals court ruling that deemed her appointment unlawful. This decision culminates a series of legal challenges surrounding the Trump administration’s influence on judicial appointments. The appeals court confirmed a lower court’s decision, effectively disqualifying Habba from her position.

In her resignation statement, Habba expressed her commitment to the office and her intention to transition to a role as a senior advisor to Pam Bondi, the Attorney General of Florida. She stated her decision was made “to protect the stability and integrity of the office which I love,” but emphasized that compliance with the court’s ruling should not be viewed as a defeat. “You can take the girl out of New Jersey, but you cannot take New Jersey out of the girl,” she added, signaling her determination to remain active in legal affairs.

Pam Bondi acknowledged the challenges faced by Habba, indicating that the appeals court ruling made it “untenable for her to effectively run her office.” Bondi criticized what she described as “politicized judges” who paused trials crucial for addressing violent crime. She also noted that government lawyers would seek further review of the appellate court’s decision, expressing confidence it would be reversed. According to Bondi, Habba intends to return to the office should this appeal be successful.

The legal turmoil surrounding Habba’s appointment reflects broader issues within the Trump administration’s efforts to maintain loyal legal appointees across various jurisdictions. Similar rulings have arisen in cases involving Trump-backed U.S. attorneys in locations like Los Angeles, Nevada, and Virginia. In Virginia, for instance, a judge disqualified U.S. Attorney Lindsey Halligan, asserting that her appointment was also unlawful. The court found that actions taken under Halligan’s leadership constituted “unlawful exercises of executive power.”

Habba’s tenure as acting U.S. Attorney began after a brief stint as a counselor to the president earlier in 2023. However, her appointment was contentious from the start. Following her initial 120-day term which ended in July 2023, New Jersey’s federal trial judges nominated a successor. In a controversial move, Bondi blocked this nomination, reaffirming Habba’s position as the state’s top prosecutor.

The legality of Habba’s continued service was challenged by a group of defendants in New Jersey, who argued that her authority to prosecute was compromised once her term expired. They contended that the “illegitimacy” of her appointment undermined fundamental due process rights. The appeals court judges ruled that Habba could not serve in an “acting” capacity, as only the first assistant in place when the vacancy arises may assume the duties of the U.S. Attorney under the Federal Vacancies Reform Act.

This situation has sparked significant debate about the intersection of politics and the judiciary, particularly concerning the appointments of federal prosecutors. With Habba’s resignation, the Trump administration faces yet another setback in its efforts to consolidate power within the Justice Department. As this story develops, the implications of these judicial decisions will likely continue to unfold, affecting the landscape of legal governance in New Jersey and beyond.