Politics

Alina Habba Resigns as New Jersey US Attorney After Court Rules Appointment Unlawful

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Dec 9, 2025

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Alina Habba resigned as the U.S. Attorney for the District of New Jersey on Monday following a federal appeals court ruling that deemed her appointment unlawful. Habba, a former personal attorney for President Donald Trump, will take on a new position as Senior Adviser to the Attorney General for U.S. Attorneys.

Last week, the U.S. Court of Appeals for the 3rd Circuit unanimously affirmed a lower court's decision that Habba was serving without legal authority. The rulings found that federal vacancy laws did not permit the administration to bypass the Senate confirmation process to keep her in the role. Habba had been sworn in as the interim U.S. Attorney on March 28, 2025. Following her departure, the Department of Justice (DOJ) plans to delegate her duties to three other officials.

In a statement, Habba said her decision was made to "protect the stability and integrity of the office." Attorney General Pam Bondi announced she had accepted the resignation, stating the court's decision made it "untenable" for Habba to effectively run the office. Bondi also said the DOJ will seek further review of the appellate court’s decision.

The ruling is one of several recent legal challenges to the administration's prosecutorial appointments. In a separate case, a federal judge ruled that Lindsey Halligan was unlawfully serving as the U.S. Attorney for the Eastern District of Virginia, dismissing indictments she had brought against former FBI Director James Comey and New York Attorney General Letitia James. On Monday, Attorney General Bondi and Deputy Attorney General Todd Blanche issued a joint statement accusing judges of an "unconscionable campaign of bias and hostility" and stated the DOJ has no tolerance for "undemocratic judicial activism."

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• The Department of Justice alleges the judiciary is politically biased. Attorney General Pam Bondi and Deputy Attorney General Todd Blanche issued a joint statement accusing judges of engaging in an "unconscionable campaign of bias and hostility." They stated that the DOJ has "no tolerance" for what they termed "undemocratic judicial activism."

• The DOJ intends to fight the court's decision on Habba’s appointment. While accepting Habba’s resignation, Attorney General Bondi announced that the Department of Justice will seek further review of the appellate court’s decision. This indicates the department disputes the legal basis of the ruling that found Habba's appointment unlawful.

• Habba’s resignation was a necessary step to maintain office stability. In her statement, Habba said her resignation was intended to "protect the stability and integrity of the office." The Attorney General agreed that the court's decision made it "untenable" for Habba to effectively run the office, prompting her transition to a new role as Senior Adviser.

How it may affect me

As a U.S. reader:

• Federal cases prosecuted in New Jersey could be legally challenged, as a similar ruling in another state led to the dismissal of indictments.

• Federal law enforcement in New Jersey may face short-term disruption, as the U.S. Attorney’s duties are now being delegated to three different officials.

• The DOJ's conflict with the judiciary creates uncertainty about the finality of court rulings and the legality of other federal appointments made without Senate confirmation.

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