Alina Habba, President Donald Trump’s pick to serve as U.S. attorney for New Jersey, has resigned from her role following a federal court’s ruling to uphold a lower court’s decision that she was not “lawfully” appointed to the office.
The news was announced Monday by U.S. Attorney General Pam Bondi, who said she was “saddened to accept Alina’s resignation”:
Last Monday, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously ruled that U.S. District Judge Matthew W. Brann’s August decision against the Department of Justice’s (DOJ) efforts to get Habba into New Jersey’s top prosecutor role was correct.
Habba, whom Trump selected to serve as counselor to the president in December 2024 before he elevated her to acting U.S. attorney in March, was voted out of the position in July after district court judges decided to replace her with her chief deputy as her 120-day interim period came to a close.
The DOJ swiftly fired Habba’s replacement, Desiree Grace, with Bondi installing Habba in Grace’s former chief deputy role, giving her acting control of the office once again before the courts forced her back out.
“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 wrote in her announcement. “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 attorney general continued, “This situation is particularly unfortunate given Alina’s strong record of achievement in office. Under her leadership, Newark saw a 20 percent reduction in crime, and Camden experienced its first summer in 50 years without a homicide.”
Following the Third Circuit’s decision, the Washington Post predicted that the legality of Habba’s appointment and whether it violates the Federal Vacancies Reform Act “will now likely be settled by the Supreme Court.”
Bondi added that the DOJ will seek “further review” of the latest decision, stating that the department is “confident it will be reversed.”
Habba intends to return to the U.S. attorney’s office if that occurs, Bondi added, noting that she will be continuing with the DOJ as a senior advisor.
Olivia Rondeau is a politics reporter for Breitbart News based in Washington, DC. Find her on X/Twitter and Instagram.
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