Alina Habba, one of the most high-profile figures in President Donald Trump’s legal orbit, has resigned as acting U.S. Attorney for the District of New Jersey following a federal appeals court decision that declared her appointment unlawful. The move marks a significant setback for the administration’s efforts to install loyalists in key federal posts outside of the traditional Senate confirmation process.
Habba announced her resignation on Monday, issuing a lengthy statement saying that she was stepping down “to protect the stability and integrity of the office.” She insisted the decision was not a retreat, vowing to continue serving the Department of Justice in a separate senior advisory role.
“Do not mistake compliance for surrender,” she wrote. “This decision will not weaken the Justice Department and it will not weaken me.”
Her departure comes just days after a unanimous ruling from a three-judge panel on the U.S. Court of Appeals for the Third Circuit, which found that Habba’s return to the post earlier this year violated federal law. According to the court, her authority as interim U.S. Attorney legally ended on July 1, 2025 — meaning her subsequent actions in the position, from signing indictments to overseeing prosecutions, were void under statute.
Statement via X
The legal fight began after Habba’s initial 120-day interim term expired. Under federal law, once that term ends, district court judges may appoint a replacement until the Senate confirms a permanent U.S. Attorney.
In July, those judges selected veteran prosecutor Desiree Leigh Grace. The administration fired Grace hours later and withdrew Habba’s stalled Senate nomination before re-installing Habba as “acting” U.S. Attorney. The Third Circuit ruled that maneuver unlawful, declaring she did not have the authority to remain in the office.
Defense attorneys are already preparing motions in several high-profile criminal cases out of Newark and Camden, where indictments may now face scrutiny. While prosecutors believe many cases can continue with minimal disruption, the ruling opens the door to months of legal uncertainty.
N EW YORK, NEW YORK-MARCH 21, 2023: Alina Habba, former lawyer for Donald Trump talks to media and makes her way into Trump Tower in Manhattan on Tuesday.
For the Trump administration, the ruling strikes at a larger strategy: relying on acting appointments to bypass a Senate unwilling to confirm certain nominees. Similar disputes have emerged in multiple states, including Virginia and Nevada, where other U.S. Attorney selections are now tied up in litigation. The Third Circuit’s decision signals that federal courts are prepared to intervene aggressively when administrations attempt to stretch statutory limits around temporary appointments.
Habba, long known as one of Trump’s most visible attorneys in civil fraud and defamation cases, became a political lightning rod the moment she took the helm in New Jersey. In her resignation statement, Habba reiterated her loyalty to the administration and to New Jersey. “Make no mistake — you can take the girl out of New Jersey, but you cannot take New Jersey out of the girl,” she said.
The Justice Department has not yet announced who will lead the office next. Officials are weighing whether to seek further review of the ruling, which could ultimately reach the Supreme Court. For now, one of the largest and most influential federal prosecutor’s offices in the country is once again without a confirmed leader — and the administration faces mounting legal battles over its handling of U.S. Attorney appointments nationwide.
, 2025-12-08 20:20:00, , Trending Politics Conservative Breaking News and Commentary, %%https://trendingpoliticsnews.com/wp-content/uploads/2024/10/cropped-tp-fav-2-32×32.png, https://trendingpoliticsnews.com/feed/, Chris Powell
