Alina Habba resigns as acting US attorney after court rules appointment unlawful

WASHINGTON: Alina Habba, former personal attorney to President Donald Trump, stepped down Monday (local time) as acting US attorney for the District of New Jersey after an appeals court ruled she had been serving in the position unlawfully.

Habba, widely recognised for her outspoken defence of Trump, said she was resigning to safeguard “the stability and integrity of the office which I love.” “But do not mistake compliance for surrender”, she stated on X. “This decision will not weaken the Justice Department and it will not weaken me”.

Attorney General Pam Bondi said in a statement posted on X shortly after the resignation that the Justice Department would seek further review of the ruling, noting Habba could return if the decision is reversed.

Her departure comes after judges on the 3rd US Circuit Court of Appeals found last week that the Trump administration broke the law by using a series of manoeuvres to appoint her following the lack of Senate confirmation.

pic.twitter.com/wIhEvXXZoh

— Alina Habba (@AlinaHabba) December 8, 2025

On Sunday, speaking at the Kennedy Center Honours, Habba said the office would be “making an announcement soon”. Commenting on the court’s decision, she added, “I think, obviously, it’s a big problem what we have going on. And it’s a problem for all sides, and all sides of the coin and for justice.” She continued, “We’ll keep fighting. We’ll keep fighting. We’ll keep pushing, whatever we have to do.”

Habba became the first of Trump’s US attorney appointees to face a legal challenge, though later rulings found three more US attorneys appointed under the administration were also serving unlawfully.

Judges criticised the Justice Department’s strategy, saying it was an attempt to bypass standard confirmation procedures. Those decisions concluded that appointing successive acting US attorneys allowed officials to serve without Senate approval for extended periods.

Similar rulings affected Lindsey Halligan, the US attorney for the Eastern District of Virginia, leading to the dismissal of cases involving former FBI Director James Comey and New York Attorney General Letitia James. US attorneys in Nevada and the Central District of California were likewise found to be serving illegally.

Although indictments were not dismissed because other prosecutors worked on those cases, Habba is the first to leave office following such a ruling. The legal developments have caused uncertainty for prosecutors handling pending cases.

In New Jersey, proceedings such as sentencings, plea deals and trial dates were initially paused after Habba’s appointment was challenged. Activity later resumed, and court documents began to include the signature of Deputy Attorney General Todd Blanche in addition to Habba’s.

“Make no mistake, you can take the girl out of New Jersey but you cannot take New Jersey out of the girl”, Habba wrote in her statement Monday. (ANI)