After a three-month battle over the legality of her appointment, Alina Habba has resigned from her position as the Acting U.S. attorney for the District of New Jersey.
She announced her resignation as U.S. attorney in a social media post on Monday. She will remain serving as “Senior Adviser to the Attorney General for U.S. Attorneys.”
The resignation comes after a protracted legal fight about whether she could serve in the U.S. attorney role without Senate confirmation.
In August, a federal judge ruled that she was serving in the position “without lawful authority” and disqualified her as New Jersey’s top federal law enforcement officer. A federal appeals court unanimously upheld that decision last week, and the Department of Justice has not appealed that decision.
“As a result of the Third Circuit’s ruling, and to protect the stability and integrity of the office which I love, I have decided to step down in my role as the U.S. Attorney for the District of New Jersey,” Habba said in her statement. “But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.”“Following the flawed Third Circuit decision disqualifying Alina Habba from performing her duties in the U.S. Attorney’s office for the District of New Jersey, I am saddened to accept Alina’s resignation.
“Following the flawed Third Circuit decision disqualifying Alina Habba from performing her duties in the U.S. Attorney’s office for the District of New Jersey, I am saddened to accept Alina’s resignation,” Attorney General Pam Bondi said in a statement. “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 the rulings, Habba remained in the position after Attorney General Pam Bondi named her a “Special Attorney to the Attorney General,” though several judges delayed proceedings to consider the legality of her position.
Alina Habba attends her swearing-in as interim US Attorney General for New Jersey, in the Oval Office of the White House in Washington, March 28, 2025.
AP
Before she was appointed as U.S. attorney, Habba served as a personal defense attorney for President Donald Trump in his New York civil fraud case and defamation trials. Last month, a federal appeals court upheld a $1 million penalty against Habba and Trump for bringing a frivolous lawsuit against former FBI Director James Comey and Hillary Clinton.
The Trump administration has faced growing headwinds over its efforts to install Trump loyalists as top prosecutors in U.S. attorneys’ offices across the country, suffering a string of court defeats as judges raise concerns they’re actively disregarding the law.
Last month, a judge threw out both criminal cases against Comey and New York Attorney General Letitia James after determining that Lindsey Halligan, a former insurance lawyer and White House aide with no prosecutorial experience, was unlawfully appointed to lead the Eastern District of Virginia U.S. Attorney’s Office.
While Bondi previously said the administration would appeal that ruling, as of Monday, no appeal has been filed, and last week, a grand jury rejected an effort by the administration to revive its case against James.
A growing chorus of judges for the Eastern District of Virginia has raised concerns that the administration appears to be defying the order that disqualified Halligan by continuing to include her signature and title on legal filings.
On Monday morning, Attorney General Bondi and Deputy Attorney General Todd Blanche issued a joint statement attacking judges for questioning Halligan’s legitimacy in the role, and accused them of “engaging in an unconscionable campaign of bias and hostility.”
“Lindsey and our attorneys are simply doing their jobs: advocating for the Department of Justice’s positions while following guidance from the Office of Legal Counsel,” the statement said. “They do not deserve to have their reputations questioned in court for ethically advocating on behalf of their client. This Department of Justice has no tolerance for undemocratic judicial activism.”
