HOUSTON, United States — In a move that highlights deepening fissures in the Trump administration's efforts to install loyalists in key Justice Department roles, Alina Habba, the former personal attorney to President Donald Trump, resigned Monday as acting U.S. Attorney for the District of New Jersey following a unanimous federal appeals court ruling that her appointment violated federal law. Habba, a prominent figure in Trump's legal defense during his first impeachment and multiple civil trials, had served as the Garden State's top federal prosecutor since March, overseeing high-profile cases on immigration enforcement and public corruption. Her abrupt departure, announced via a defiant statement on X, underscores ongoing battles over Senate confirmation traditions and the Federal Vacancies Reform Act (FVRA), which limits interim appointments to 210 days without legislative approval.
Habba's tenure, marked by aggressive prosecutions that aligned closely with Trump's "America First" agenda, ended after the U.S. Court of Appeals for the Third Circuit upheld a district court's August decision declaring her service "without lawful authority." The appeals panel, in a 3-0 ruling issued December 1, criticized the Justice Department's "novel series of legal and personnel moves" to extend her interim role beyond its statutory limit, including firing her predecessor and reassigning her as a "Special Attorney to the Attorney General" to circumvent the deadline. "The executive branch cannot evade the FVRA's clear constraints through administrative sleight of hand," the court wrote, emphasizing that such maneuvers undermine the Senate's constitutional role in advising and consenting to principal officers.
In her resignation statement posted on X, Habba framed the decision as a strategic retreat rather than defeat. "As a result of the Third Circuit's ruling, and to protect the stability and integrity of the office which I love, I have decided to step down in my role as the U.S. Attorney for the District of New Jersey," she wrote. "But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me. Make no mistake, you can take the girl out of New Jersey, but you cannot take the New Jersey out of the girl." Habba, 41, a Bedminster, New Jersey native who first met Trump at his golf club, vowed to continue her "fight" nationally, transitioning to a senior advisory role under Attorney General Pam Bondi focused on coordinating U.S. attorneys' efforts against violent crime and border security.
Bondi, a Trump ally and former Florida Attorney General, swiftly endorsed Habba's pivot while lambasting the judiciary. "Following the flawed Third Circuit decision disqualifying Alina Habba from performing her duties in the U.S. Attorney's office for the District of New Jersey, I am saddened to accept Alina's resignation," Bondi stated on X. She pledged that the Department of Justice (DOJ) would "seek further review" of the ruling—potentially via en banc rehearing or Supreme Court petition—and expressed confidence in its reversal, allowing Habba's reinstatement. "Alina intends to return to lead the U.S. Attorney's Office for the District of New Jersey if this occurs," Bondi added, crediting Habba with driving a 20% crime drop in Newark and enabling Camden's first homicide-free summer in five decades. In the interim, the DOJ announced a tripartite leadership structure for the New Jersey office: Assistant U.S. Attorney Christina M. Gannon handling criminal matters, Ari Fontecchio overseeing administrative duties, and Philip R. Sellinger managing civil cases.
President Trump, speaking to reporters during a White House roundtable on economic policy, decried the saga as a symptom of institutional sabotage. "That's horrible. It's a horrible thing," he said, pinning blame on the Senate's "blue slip" tradition—a bipartisan courtesy allowing home-state senators to veto nominees for federal judgeships and U.S. attorney posts. New Jersey's Democratic Senators Cory Booker and Andy Kim had withheld blue slips for Habba, citing her lack of prosecutorial experience and partisan rhetoric, such as her podcast vow to "turn New Jersey red" using the office's resources. "It makes it impossible to appoint a judge or US attorney, and it's a shame, and the Republicans should be ashamed of themselves, that they allow this to go on because I can't appoint a US attorney that's not a Democrat, because they put a block on it," Trump fumed. He likened the process to nominating "George Washington and Abraham Lincoln" only to face rejection in blue states, calling it a "gentleman's agreement that's lasted for too long."
Habba's ouster is the latest in a string of judicial rebukes to Trump's strategy of bypassing Senate confirmation for U.S. attorneys in Democratic strongholds. Similar FVRA challenges have toppled acting appointees in Nevada (Brian D. Morris), the Central District of California (Bill Essayli), and the Eastern District of Virginia (Lindsey Halligan, another ex-Trump lawyer). Halligan's disqualification last month prompted the dismissal of indictments against Trump's adversaries, including former FBI Director James Comey for alleged leaks and New York Attorney General Letitia James for civil rights violations—cases prosecutors have vowed to refile. In New Jersey, Habba's invalidation halted sentencings and pleas for weeks, though indictments she authorized remain intact due to involvement from subordinates. Legal experts warn that these rulings could cascade, jeopardizing dozens of ongoing probes into election interference, fentanyl trafficking, and gang violence, as defendants file motions to suppress evidence.
Habba's rise from Trump's private counsel to federal prosecutor exemplifies the administration's fusion of personal loyalty with public service. A Rutgers Law graduate with a background in real estate litigation, she joined Trump's orbit in 2021, defending him in the E. Jean Carroll defamation suit (resulting in a $5 million verdict) and New York civil fraud trial ($454 million penalty, under appeal). During the 2024 campaign, Habba barnstormed battleground states as a surrogate, railing against "weaponized" DOJ under Biden and promising retribution. Sworn in at the White House on March 28—flanked by Trump and Bondi—she prioritized deportations, securing 1,200 removals in her first quarter, and targeted Democratic Rep. LaMonica McIver for allegedly assaulting ICE agents during a facility tour.
Critics, including the New Jersey Democratic Party, hailed her exit as a victory for impartial justice. "Today's resignation... brings to a close a troubling chapter and confirms what we have warned from the start," stated party chair LeRoy Jones and executive director Keshap Illuri. They accused Habba of eroding public trust through politicization, pointing to her office's selective enforcement and her public feuds with state officials. Booker's office reiterated opposition, arguing that U.S. attorneys must transcend partisanship to uphold the rule of law. Even some Republicans, like Senate Judiciary Chair Lindsey Graham, have quietly urged Trump to prioritize confirmable nominees amid the blue slip impasse, fearing broader confirmation gridlock for judges and ambassadors.
The episode reverberates beyond New Jersey, exposing vulnerabilities in Trump's DOJ overhaul. With 15 Senate-confirmed U.S. attorneys needed for full staffing, the administration has relied on interim picks—many Trump alumni—to fill vacancies. But as courts increasingly invoke the FVRA, a landmark 1998 statute born from scandals like the Clinton-era "midnight judges," these stopgaps falter. Deputy Attorney General Todd Blanche, Habba's co-signer on post-ruling filings, decried the decisions as "unconscionable bias" engineered by Democratic senators. Bondi echoed this in a DOJ press release, slamming "politicized judges pausing trials designed to bring violent criminals to justice."
As the DOJ weighs its next legal salvo—potentially teeing up a Supreme Court clash on executive appointment powers—Habba's advisory perch positions her to influence nationwide strategy. From Houston, where she maintains ties to energy sector clients, observers speculate on her role in shaping probes into "deep state" figures or election integrity. Trump, undeterred, teased further nominations Tuesday, vowing to "drain the swamp" despite judicial hurdles. Yet with midterm pressures looming and a divided Senate, the path to loyalist dominance grows thornier. Habba's resilient sign-off—"New Jersey out of the girl"—signals she's far from sidelined, embodying the unyielding ethos fueling Trump's second-term machinery.
