• Trump ally exits after federal judges unanimously reject administration’s appointment tactics
• Habba becomes first unlawfully appointed U.S. attorney to resign following court rulings
• She transitions to senior adviser role at Justice Department

NEWARK, NJ (TDR) — Alina Habba, President Donald Trump’s former personal attorney, resigned Monday as Acting U.S. Attorney for the District of New Jersey following a federal appeals court ruling that found her serving unlawfully in the position.

Resignation Follows Appellate Defeat

Habba announced her departure in a statement posted to social media, declaring she would step down to protect “the stability and integrity of the office which I love.” The resignation comes one week after a three-judge panel from the 3rd U.S. Circuit Court of Appeals unanimously upheld a lower court’s finding that the Trump administration violated federal law when installing her in the position after failing to win Senate support.

“But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.”

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The appeals court found that Attorney General Pam Bondi’s delegation of authority to Habba through a special attorney appointment bypassed constitutional requirements for presidential nomination and Senate confirmation.

Controversial Tenure Marked by Political Clashes

Habba’s brief stint as New Jersey’s top federal prosecutor drew sharp criticism for what opponents characterized as politically motivated prosecutions. Her office brought charges against Newark Mayor Ras Baraka, a Democrat, for trespassing at an immigration detention facility. A federal magistrate later rebuked the prosecution as a “worrisome misstep” when Habba’s office dropped the charges.

She also pursued assault charges against Democratic Rep. LaMonica McIver and announced investigations into New Jersey’s Democratic governor and attorney general. In an interview during her tenure, Habba stated she wanted to “turn New Jersey red.”

Administration’s Appointment Strategy Collapses

The legal battle exposed the administration’s aggressive tactics to place loyalists in key prosecutorial positions without Senate approval. When Habba’s 120-day interim appointment neared expiration in July, federal judges in New Jersey declined to extend her term and instead appointed her deputy, Desiree Leigh Grace. Bondi fired Grace within hours.

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Judge D. Michael Fisher wrote in the appellate decision that the administration’s frustration with “legal and political barriers” led to appointment maneuvers that violated the Federal Vacancies Reform Act. The court noted that New Jersey citizens and federal employees “deserve some clarity and stability.”

Broader Implications for Justice Department

Habba becomes the first unlawfully appointed U.S. attorney to resign following recent court rulings. Similar decisions have disqualified prosecutors in Virginia, Nevada, and California. Last month, a judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James after finding Virginia’s top prosecutor was also unlawfully appointed.

Habba will remain in government service as Senior Adviser to the Attorney General for U.S. Attorneys. The Justice Department has not announced who will lead the New Jersey office following her departure.

Will federal courts continue to check the administration’s appointment strategies, or will the Justice Department find new pathways to install its preferred prosecutors?

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