Alina Habba Resigns as Federal Prosecutor Following Court Ruling on Unlawful Appointment

Alina Habba announced her resignation as the top federal prosecutor for New Jersey to "protect the stability and integrity" of her office.

President Donald Trump's former personal attorney, Alina Habba, stepped down Monday from her position as the leading federal prosecutor in New Jersey, following an appeals court ruling that determined she had been unlawfully serving in the role.

In her social media statement, Habba characterized the court's decision as politically motivated but explained her resignation was intended to safeguard her office's stability and integrity.

"But do not mistake compliance for surrender," she declared, noting that the administration would pursue an appeal against the rulings that removed her from the position. "This decision will not weaken the Justice Department and it will not weaken me."

Habba indicated she would continue serving within the Justice Department as a senior adviser to US Attorney General Pam Bondi. Her former responsibilities will temporarily be distributed among three attorneys in the office.

The 41-year-old Habba was appointed in March to serve a temporary term as acting US attorney for New Jersey, a significant position responsible for enforcing federal criminal and civil law.

Previously a partner at a small New Jersey law firm, Habba emerged as one of Trump's most prominent legal defenders during his four years out of office, representing him in court and regularly appearing on cable TV news as his "legal spokesperson."

However, Habba possessed limited federal court experience and no prosecutorial background, leading New Jersey's two Democratic senators to signal they would block her confirmation in the US Senate.

When her term expired in July, a panel of federal judges appointed one of her subordinates to the position instead. Bondi promptly dismissed the replacement, attributing Habba's removal to "politically minded judges."

A lower-court judge's determination that Habba was unlawfully serving in the position initiated a months-long legal confrontation, causing confusion and delays within New Jersey's federal court system.

Earlier this month, a federal appeals court in Philadelphia disqualified her from the role, stating in their opinion that "the citizens of New Jersey and the loyal employees in the US Attorney's Office deserve some clarity and stability."

Critics of Trump argue that he has been using legally questionable loopholes to install unqualified loyalists in positions requiring US Senate confirmation.

Bondi stated the department will continue challenging the courts' ruling on Habba, who would return as US attorney if these appeals succeed. However, the attorney general acknowledged that the ruling "has made it untenable" for Habba to remain "with politicized judges pausing trials designed to bring violent criminals to justice."

"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 asserted.

Habba is among several Trump administration prosecutors whose appointments have faced legal challenges.

The Justice Department had committed to appealing a judge's decision dismissing criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on grounds that prosecutor Lindsey Halligan was unlawfully appointed as interim US attorney for the Eastern District of Virginia.

It remains unclear whether the administration's decision to abandon efforts to keep Habba in office will impact other US attorneys whose appointments have been challenged by defense lawyers.

In a Monday statement posted on X, Bondi and Deputy Attorney General Todd Blanche accused judges of engaging in an "unconscionable campaign of bias and hostility" against Halligan for questioning why she continued to be identified as US attorney on court documents.