Alina Habba Resigns as New Jersey’s Top Federal Prosecutor After Court Rules Appointment Unlawful

Alina Habba — former personal attorney to President Donald Trump and one of his most visible legal defenders — resigned Monday as the top federal prosecutor for New Jersey after a federal appeals court ruled that she had been serving in the position unlawfully.

In a statement posted on social media, Habba condemned the court’s decision as politically motivated but said she was stepping down “to protect the stability and integrity” of the U.S. Attorney’s Office.

“Do not mistake compliance for surrender,” Habba wrote, insisting that the Justice Department will continue to appeal the rulings that removed her from the job. She also added that the decision “will not weaken the Justice Department, and it will not weaken me.”

Despite her resignation, Habba will remain at the Justice Department as a senior adviser to Attorney General Pam Bondi. Her former duties will temporarily be divided among three senior lawyers inside the New Jersey office.

A Controversial Appointment From the Start

Habba, 41, was appointed in March to serve as acting U.S. attorney for New Jersey — a powerful role responsible for enforcing federal criminal and civil law.
Before joining the Trump legal orbit, she was a partner at a small New Jersey firm and became a frequent TV presence as Trump’s legal spokesperson during his years out of office.

However, her appointment sparked immediate controversy. She had minimal federal courtroom experience and no background as a prosecutor. New Jersey’s two Democratic senators publicly said they would block her Senate confirmation.

When her temporary term expired in July, a panel of federal judges named one of her deputies to replace her. Attorney General Bondi swiftly fired that replacement, claiming the decision was driven by “politically minded judges.”

Legal Battles and Internal Disruptions

A lower-court ruling that Habba was unlawfully serving triggered months of confusion inside the district, causing delays across multiple federal cases.
Earlier this month, the 3rd U.S. Circuit Court of Appeals formally barred her from continuing in the role, writing that “the citizens of New Jersey and the loyal employees of the U.S. Attorney’s Office deserve clarity and stability.”

Critics of Trump argue the administration has repeatedly pushed legal boundaries to install loyalists in roles that typically require Senate confirmation.

Attorney General Bondi vowed to continue appealing the rulings and said Habba would return if the courts ultimately side with the administration. But she also warned that ongoing judicial opposition had “made it untenable” for Habba to continue leading the office.

“These judges should not be allowed to overrule the President’s choice of attorneys tasked with carrying out the core responsibilities of enforcing federal criminal law,” Bondi said.

Part of a Larger Pattern

Habba’s case is one of several involving Trump-era prosecutors whose appointments have been challenged in court.
The Justice Department has also appealed rulings related to cases filed by interim U.S. attorney Lindsey Halligan — whose appointment was also judged to be unlawful — raising broader questions about the administration’s appointment strategy.

In a joint statement Monday, Bondi and Deputy Attorney General Todd Blanche accused several judges of engaging in a “campaign of bias and hostility” against Halligan and other Trump-aligned prosecutors.

With the administration now backing away from the fight to keep Habba in office, legal analysts say the decision could shape the outcomes of other contested appointments still working their way through the courts.