Alina Habba Steps Down After Court Blocks Role as U.S. Attorney: ‘Politicized Judges’
Alina Habba, the Trump-appointed acting U.S. Attorney for the District of New Jersey, officially stepped down Monday after a federal appeals court ruled she could no longer legally serve in the position without Senate confirmation. Her resignation marks the latest chapter in a heated legal standoff between the Trump Justice Department and federal judges increasingly critical of the administration’s assertive appointments.
Habba had been serving on an interim basis since March and continued beyond the 120-day limit under the Vacancies Reform Act while legal challenges mounted. But the Third Circuit Court of Appeals ruled that her continued service violated federal law, effectively forcing her resignation.
Habba Slams Judiciary, Vows to Keep Fighting
In her resignation letter, Habba said the court’s ruling left her no choice but to step down “to protect the stability and integrity of the office which I love,” but made clear she viewed the decision as politically motivated.
“But do not mistake compliance for surrender,” Habba said. “This decision will not weaken the Justice Department and it will not weaken me. My fight will now stretch across the country.”
She added that she would remain at the Department of Justice in a new capacity as Senior Advisor to the Attorney General for U.S. Attorneys, stating, “You can take the girl out of New Jersey, but you cannot take New Jersey out of the girl.”
Bondi Defends Habba: ‘Flawed Ruling’
Attorney General Pam Bondi blasted the ruling, calling it “flawed” and “deeply disappointing.” Bondi said the court had undermined the president’s authority and warned that politicized judges were making it “untenable” for prosecutors to do their jobs.
“The court’s ruling has made it untenable for her to effectively run her office, with politicized judges pausing trials designed to bring violent criminals to justice,” Bondi said. “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.”
Bondi also expressed confidence that the decision would eventually be overturned and suggested Habba could return to her post.
Democrat Senators Applaud Ruling
New Jersey Democratic Senators Cory Booker and Andy Kim welcomed the court’s decision, accusing the Trump administration of attempting to circumvent the confirmation process by keeping Habba in office beyond the legal timeframe.
“This decision vindicates concerns we have long raised about the extraordinary and unlawful steps taken by the Trump Administration to keep Habba in office without Senate confirmation,” the senators said in a joint statement.
“The Court’s ruling underscores a simple but fundamental principle: U.S. Attorneys must be independent and installed consistent with the rule of law, not because of their political loyalty or through political maneuvering.”
Legal and Political Fallout
Habba’s tenure had become increasingly controversial, with some judges pausing major criminal cases and defense attorneys arguing that her position lacked legal legitimacy after July. The resignation is expected to intensify scrutiny over President Trump’s aggressive use of executive power in reshaping the federal judiciary and Justice Department leadership without Senate input.
For now, Habba remains inside the DOJ’s leadership structure in a senior advisory role — a move that underscores her continued influence despite the legal setback.