Alina Habba, President Donald Trump’s former personal attorney, has resigned as acting U.S. Attorney for New Jersey. Her departure comes just days after a federal appeals court ruled she was serving in the role unlawfully.
Habba was appointed to the position in March but her tenure continued past the interim timeline through a series of Justice Department maneuvers that immediately drew legal challenges. The Third Circuit Court found those moves violated federal law because they bypassed the traditional Senate confirmation process.
In a statement posted Monday on X, Habba said she was stepping down to protect the “stability and integrity” of the office. “I have decided to step down in my role as the U.S. Attorney for the District of New Jersey. But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me,” Habba added.
U.S. Attorney General Pam Bondi said the department will seek further legal appeal and that Habba could retake the position if the ruling is overturned. Her resignation now leaves uncertainty over who will lead the office, which has already seen cases delayed and filings paused during the legal fight.
In response to Habba’s resignation, U.S. Sens. Cory Booker and Andy Kim (D-NJ) released a joint statement calling on the administration to appoint someone who they deem qualified for the job.
“We hope that they will work with us to put forward a qualified nominee –– one with deep prosecutorial experience, unquestioned integrity, and a genuine commitment to delivering impartial justice –– and to give the Senate a full, fair opportunity to consider that nominee. New Jersey deserves no less, and we will not compromise on the safety of our communities,” they said.
Federal courts have found a number of U.S. attorneys appointed by Trump are serving unlawfully, including Lindsey Halligan who has also come under fire as the interim U.S. Attorney for the Eastern district of Virginia. Habba is the first of them to step down.
