Trump appointee Habba resigns as US attorney in NJ (updated)

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The basics:

• Alina Habba resigns as acting U.S. attorney for New Jersey
• Appeals court recently upheld ruling that her appointment was unlawful
• DOJ is appealing the decision; named Habba senior advisor to the attorney general
• Her appointment triggered delays and legal challenges in federal cases

President Donald Trump’s longtime personal lawyer Alina Habba resigned as acting U.S. attorney for New Jersey in the wake of an appeals court ruling that found her appointment was unlawful.

In a Dec. 8 statement posted on social media, Habba wrote she will step down to “protect the stability and integrity of the office which I love.”

pic.twitter.com/wIhEvXXZoh

— Alina Habba (@AlinaHabba) December 8, 2025

In August, a federal judge ruled that Habba was serving in the position “without lawful authority” and disqualified her as the district’s top federal law enforcement officer. A federal appeals court unanimously upheld that decision last week, saying that the Trump administration violated the law when it used a series of maneuvers to install Habba in the position after failing to win Senate support.

It is unclear who will lead the U.S. attorney’s office following her departure.

In a separate statement on X, U.S. Attorney General Pam Bondi said she was “saddened to accept Alina’s resignation.” Bondi also said that the 3rd U.S. Circuit Court of Appeals ruling had made it “untenable for her to effectively run her office” and that Habba was being named as a “senior advisor to the Attorney General for U.S. Attorneys.”

She also said the Justice Department is appealing the ruling that disqualified Habba from her post and is “confident it will be reversed.”

The DOJ referred NJBIZ to Bondi’s social post when reached for comment.

How it started

After Trump announced her appointment as interim U.S. attorney in March, Habba had 120 days to serve in that capacity. He then formally nominated Habba for the role July 1.

However, New Jersey’s two U.S. senators, Andy Kim and Cory Booker, both Democrats, have publicly refused to endorse her, making a Senate confirmation for a full four-year term unlikely.

Since the Senate did not sign off on Habba within the 120-day window that federal law requires for presidential appointments, a panel of federal judges from New Jersey intervened.

Instead of reappointing Habba in July, the district court judges named then-First Assistant U.S. Attorney Desiree Grace as acting U.S. attorney. Grace’s appointment was effective either immediately or on the expiration of Habba’s 120 days in office. As first assistant, veteran prosecutor Grace would have automatically assumed the role in the event of a vacancy.

However, that move was effectively reversed July 22,when Bondi abruptly fired Grace. Two days later, Trump withdrew his nomination of Habba as U.S. attorney.

She also resigned her position as interim U.S. attorney. Then, the president appointed Habba first assistant U.S. attorney, paving the way for her to automatically take on the acting role.

At least two criminal defendants have sought dismissal of their indictments because they believe the maneuver bypassed constitutional checks. Amid uncertainty over whether Habba has the authority to serve, cases in the state’s federal court system were being canceled or delayed.

Not a ‘surrender’

In her post this week, Habba shared, “Do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.”

“While I was focused on delivering real results, judges in my state took advantage of a flawed blue slip tradition and became weapons for the politicized left,” Habba said. “For months, these judges stopped conducting trials and entering sentences, leaving violent criminals on the streets. They joined New Jersey senators, who care more about fighting President Trump than the well being of residents which they serve,” she wrote.

She added, “Make no mistake, you can take the girl out of New Jersey, but you cannot take New Jersey out of the girl.”

CNN noted that Habba was the first of Trump’s U.S. attorney appointments to face a legal court challenge.

Since then, judges have found that the Trump administration attempted to usurp the traditional appointment process for three other U.S. attorneys – Lindsey Halligan (Eastern District of Virginia), Bill Essayli (Central District of California) and Sigal Chattah (Nevada).

Editor’s note: This story was updated at 4:02 p.m. Dec. 8, 2025, to include a response from the Justice Department.