Alina Habba, former personal lawyer to President Donald Trump, resigned from her position as U.S. Attorney for New Jersey on October 16, 2023, following a court ruling that deemed her appointment unlawful. The 3rd U.S. Circuit Court of Appeals upheld a previous decision from August, which stated that Habba’s continued service in the role without confirmation from the U.S. Senate did not comply with federal law.
In her resignation announcement, Habba expressed her commitment to the office she cherished, stating, “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.” She emphasized that this decision should not be interpreted as a concession. “This decision will not weaken the Justice Department and it will not weaken me,” she added.
Habba, who was appointed in March 2023 to serve as acting U.S. Attorney, saw her temporary term come to an end in July. Following this, a panel of federal judges appointed one of her subordinates to the position. In a swift response to this change, Attorney General Pam Bondi dismissed the replacement, attributing the situation to what she described as “politically minded judges.”
Bondi expressed her sadness at Habba’s resignation, underscoring the impact of the court’s ruling on the functionality of the office. “It has become untenable for her to effectively run her office, with politicized judges pausing trials designed to bring violent criminals to justice,” Bondi stated on social media platform X. She further asserted, “These judges should not be able to countermand the President’s choice of attorneys entrusted with carrying out the executive branch’s core responsibility of prosecuting crime.”
The developments surrounding Habba’s appointment are part of a larger trend affecting several prosecutors from the Trump administration. The Department of Justice has indicated its intention to appeal a ruling that dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. This dismissal was based on the assertion that Lindsey Halligan, the prosecutor involved, was unlawfully appointed as interim U.S. Attorney for the Eastern District of Virginia.
In a joint statement, Bondi and Deputy Attorney General Todd Blanche accused the judiciary of participating in an “unconscionable campaign of bias and hostility” against Halligan, raising concerns about her designation on court documents.
As the legal landscape evolves, Habba plans to continue her work within the Department of Justice as a Senior Adviser to the Attorney General for U.S. Attorneys. She concluded her resignation announcement with a personal note, affirming her connection to her home state: “You can take the girl out of New Jersey, but you cannot take New Jersey out of the girl.”
The implications of these legal rulings and resignations signal ongoing challenges within the administration and the judiciary, particularly concerning the appointments of federal prosecutors. The Department of Justice is expected to seek further review of the recent decisions, expressing confidence that the rulings will be overturned.
