Alina Habba, former personal attorney to U.S. President Donald Trump, has resigned from her position as U.S. Attorney for New Jersey after a federal appeals court ruled that she had been serving in the role unlawfully.
The decision, handed down last week, found that Habba’s appointment violated the Federal Vacancies Reform Act, raising questions about the validity of numerous criminal cases handled under her leadership.
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Resignation Accepted by Attorney General Pam Bondi
U.S. Attorney General Pam Bondi accepted Habba’s resignation on Monday, arguing that the court’s “flawed” decision made it impossible for Habba to effectively run her office.
Despite stepping down, Habba will remain within the Justice Department as a senior adviser, and officials plan to seek further review of the ruling in hopes of overturning it.
Bondi praised Habba’s tenure, noting several accomplishments, including:
- A 20% drop in crime in Newark
- Camden’s first summer without a homicide in 50 years
Legal Background: How Habba’s Appointment Became Controversial
President Trump selected Habba for the role earlier this year. When the Senate rejected her nomination, the administration placed her in an acting position that bypassed Senate confirmation.
The appeals court found this workaround unlawful, ruling that her temporary service exceeded what the Vacancies Act permits.
Habba responded with a statement on X:
“I step down to protect the stability and integrity of the office which I love. But do not mistake compliance for surrender… My fight will now stretch across the country.”
Trump, Bondi Criticize the Ruling
At the White House, Trump expressed frustration at Senate rules—specifically the “blue slip” process, which gives home-state senators the power to block judicial nominees.
“I can’t appoint a U.S. attorney that’s not a Democrat,” Trump said. “What it means is I just have to keep appointing people for three months and then appoint another one. It’s a very sad situation.”
He claimed that seven of his nominees have been blocked as a result.
Bondi echoed these concerns, arguing that courts should not have the power to “countermand the President’s choice” of federal prosecutors.
Wider Pattern: Other Trump-Appointed Prosecutors Also Disqualified
Habba is not the only Trump-appointed attorney facing legal setbacks. Several others have recently been found to be serving unlawfully due to similar appointment issues:
- Lindsey Halligan was disqualified in Virginia last month.
- A California judge ruled that Bill Essayli had been serving unlawfully in the Central District of California.
- A Nevada judge issued a similar ruling regarding Sigal Chattah, though her disqualification is currently paused pending appeal.
Who Is Alina Habba?
Habba, 41, became widely known as one of Trump’s personal attorneys, joining his legal team in 2021 after meeting him at his Bedminster golf club. She represented him in his New York hush-money trial, where he was convicted on 34 counts of falsifying business records—a verdict he is currently appealing.
Before her appointment as U.S. Attorney, Trump announced plans to name her as Presidential Counsellor, praising her as “unwavering in her loyalty” and a “tireless advocate for justice.”