Alina Habba, the acting United States Attorney for the District of New Jersey, has resigned following a ruling by the Third Circuit Court of Appeals that disqualified her from continuing in the post. The decision comes amid ongoing clashes between the Trump administration and the federal judiciary over executive appointments.

Reason for Resignation

Habba announced her departure on social media, citing the court ruling:

“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.”

The Third Circuit found that Habba’s continued service violated the Federal Vacancies Reform Act (FVRA), which limits the duration of interim appointments for federal offices.

Controversial Appointment

Habba, who had no prior prosecutorial experience, had previously served as Donald Trump’s personal lawyer, representing him in civil cases such as those brought by Letitia James and E. Jean Carroll. She was appointed acting US attorney in March 2025 but faced immediate scrutiny for her lack of qualifications and political connections.

During her tenure, Habba oversaw high-profile and politically sensitive cases, including:

• A short-lived prosecution of Newark Mayor Ras Baraka over a protest at an immigration facility.
• Charges against US Congress member LaMonica McIver, also linked to the same protest.

Critics, including federal judges, labeled some of her actions as politically motivated and “hasty,” warning against using the Justice Department for partisan purposes.

Legal Battle and Judicial Pushback

After Habba’s term expired under the FVRA, her second-in-command, Desiree Grace, was appointed, sparking a power struggle between the Trump administration and the courts. The administration attempted to bypass the judicial decision, but a federal judge ruled Habba’s continued service unlawful and voided her actions.

The Third Circuit Court of Appeals upheld this ruling on December 1, reaffirming her disqualification.

Administration Response

Attorney General Pam Bondi expressed disappointment at Habba’s resignation and pledged to seek further review of the court’s decision, suggesting Habba could be restored if successful. Bondi criticized the judiciary for what she called a campaign of bias against Trump-appointed prosecutors.

“These judges should not be able to countermand the President’s choice of attorneys,” Bondi said.

Implications

Habba’s resignation underscores the ongoing tension between the executive branch and the judiciary, especially regarding political appointments in the Department of Justice. It also highlights concerns over Trump-era prosecutors and their involvement in politically sensitive cases.