Alina Habba, the former personal attorney of former President Donald Trump, stepped down Monday as New Jersey’s top federal prosecutor after an appeals court declared she had been serving in the post unlawfully.
Background on Alina Habba
Habba, 41, was appointed in March to a temporary term as acting U.S. attorney for New Jersey, a position that oversees enforcement of federal criminal and civil law. Prior to her federal appointment, she was a partner at a small New Jersey law firm and became one of Trump’s most visible legal defenders after his return to the White House. She represented the former president in court and frequently appeared on cable television in his defense, but she had no experience as a prosecutor. New Jersey’s two Democratic senators indicated they would block her confirmation in the U.S. Senate.
Legal Grounds for Resignation
A lower‑court judge found that Habba was unlawfully serving in the position, and a federal appeals court in Philadelphia disqualified her from the role, writing that “the citizens of New Jersey and the loyal employees in the U.S. Attorney’s Office deserve some clarity and stability.” The court’s opinion also noted that Habba had stayed in the temporary job longer than the law allows. The ruling followed earlier actions in which a panel of federal judges appointed one of her subordinates to the role after her term expired in July, only for U.S. Attorney General Pam Bondi to fire the replacement, blaming “politically minded judges.”
Habba’s Statement and Next Role
In a statement posted on social media, Habba called the court’s ruling political but said she was resigning “to protect the stability and integrity” of her office. She added, “But do not mistake compliance for surrender,” and continued, “This decision will not weaken the Justice Department and it will not weaken me.” Habba said she would remain with the Justice Department as a senior adviser to U.S. Attorney General Pam Bondi. Her former duties will, for now, be split between three Justice Department lawyers.
Trump’s Reaction
Asked about Habba’s resignation on Monday, Trump lashed out at the Senate over its tradition of refusing to act on nominees if they are opposed by the senators representing the state involved. He told reporters at the White House, “It’s a horrible thing. It makes it impossible to appoint a judge or a U.S. attorney.” Trump added, “I guess I just have to keep appointing people for three months and then just appoint another one, another one. It’s a very sad situation. We’re losing a lot of great people.”
Justice Department Response
Bondi said Habba will return as U.S. attorney if the administration’s court appeals are successful. She emphasized that “These judges should not be able to countermand the President’s choice of attorneys entrusted with carrying out the executive branch’s core responsibility of prosecuting crime.” Bondi’s comments come amid a broader pattern of challenges to Trump‑appointed acting U.S. attorneys across the country.
Broader Context of Acting U.S. Attorneys
Several other Trump administration prosecutors have had their appointments as U.S. attorneys challenged. In Virginia, a judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on the grounds that the interim U.S. attorney who filed the charges, Lindsey Halligan, was unlawfully appointed. In September and October, federal judges disqualified the acting U.S. attorneys in Nevada and Southern California, Sigal Chattah and Bill Essayli, saying they had stayed in the temporary jobs longer than allowed by law. On Thursday, another federal judge heard an argument by New York Attorney General Letitia James that the administration also twisted the law to make John Sarcone the acting U.S. attorney for northern New York.
Key Takeaways
- Alina Habba resigned as New Jersey acting U.S. attorney after an appeals court ruled she had been serving unlawfully.
- Habba will remain in the Justice Department as a senior adviser to U.S. Attorney General Pam Bondi.
- Trump and Bondi have criticized the courts for disqualifying Trump‑appointed acting U.S. attorneys nationwide.
The resignation highlights the ongoing legal battles over the appointment of acting U.S. attorneys and raises questions about the stability of federal prosecutions in states where the Senate has not confirmed nominees.
