Alina Habba resigns as New Jersey U.S. Attorney after appeals court defeat
Alina Habba, who has been embroiled in a three-month legal battle over the legality of her appointment as Acting U.S. attorney for the District of New Jersey, has announced her resignation from the position. The announcement came in a social media post on Monday, where she revealed that she would continue to serve as a “Senior Adviser to the Attorney General for U.S. Attorneys.”
The resignation follows a prolonged legal dispute regarding whether she could hold the role of U.S. attorney without Senate confirmation. In August, a federal judge ruled that her appointment was “without lawful authority” and disqualified her as the top federal law enforcement officer in New Jersey. This decision was upheld by a federal appeals court last week, and the Department of Justice opted not to appeal the ruling.
In her statement, Habba expressed her decision to step down in order to protect the stability and integrity of the office she loves. She emphasized that her resignation does not signify weakness and that she remains committed to upholding the values of the Justice Department.
Attorney General Pam Bondi expressed sadness at accepting Habba’s resignation, citing the flawed decision by the Third Circuit that led to her disqualification. Bondi reassured that the Department of Justice would seek further review of the ruling and expressed confidence that it would be overturned, paving the way for Habba to return to lead the U.S. Attorney’s Office for the District of New Jersey.
Despite the legal challenges, Habba had continued to serve in the position after being named a “Special Attorney to the Attorney General” by Bondi. However, the legality of her role was questioned by several judges, leading to the eventual resignation.
Before her appointment as U.S. attorney, Habba had served as a personal defense attorney for President Donald Trump in various legal cases. Trump’s administration has faced criticism for appointing loyalists to key positions in U.S. attorneys’ offices, with several court rulings questioning the legality of these appointments.
In a separate case, a judge recently dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James due to the unlawful appointment of Lindsey Halligan, a White House aide with no prosecutorial experience, to lead the Eastern District of Virginia U.S. Attorney’s Office. The administration’s attempts to appeal this ruling have been unsuccessful, and concerns have been raised about continued defiance of court orders.
Attorney General Bondi and Deputy Attorney General Todd Blanche issued a joint statement criticizing judges for questioning Halligan’s legitimacy and accusing them of bias. They defended Halligan’s role and emphasized the Department of Justice’s commitment to upholding the law.
The resignation of Alina Habba as Acting U.S. attorney for the District of New Jersey marks the end of a contentious chapter in the legal battle over her appointment. The implications of this decision on the Justice Department and future appointments remain to be seen.



