Dec. 8 (UPI) — Alina Habba announced Monday she is leaving as the top prosecutor in New Jersey after federal courts ruled the former Trump lawyer was unlawfully appointed. She now will be a senior adviser to Attorney General Pam Bondi.
Habba, who previously represented Donald Trump before he became president again, said she will return to the position if the courts overrule previous decisions at the district and circuit levels, possibly including the U.S. Supreme Court.
Habba, 41, was appointed interim U.S. attorney for the District of New Jersey on March 8 and re-appointed in an acting role in July after her 120-day tenure expired.
In August, District Judge Matthew Brann in Pennsylvania ruled that she was serving in the position “without lawful authority” and she was disqualified as New Jersey’s top federal law enforcement officer. He was nominated by President Barack Obama.
Last week, a federal appeals court unanimously upheld that decision: Michael Fisher and Brooks Smith, appointed by President George W. Bush, and Felipe Restrepo, by Obama.
The Department of Justice has not appealed that decision.
“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,” Habba posted on X. “But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.
“My fight will now stretch across the country. As we wait for further review of the courts ruling, I will continue to serve the Department of Justice as Senior Advisor to the Attorney General for U.S. Attorneys.”
She concluded the statement: “Make no mistake, you can take the girl out of New Jersey, but you cannt take New Jersey out of the girl.”
Bondi then posted on X: “Following the flawed Third Circuit decision disqualifying Alina Habba from performing her duties in the U.S. Attorney’s office for the District of New Jersey, I am saddened to accept Alina’s resignation. The Department of Justice will seek further review of this decision, and we are confident it will be reversed. Alina intends to return to lead the U.S. Attorney’s Office for the District of New Jersey if this occurs.”
The DOJ has designated Philip Lamparello as senior counsel, Jordan Foxas as special attorney and Ari Fontecchio as executive assistant to share top responsibilities.
“The Department of Justice is committed to bringing in the best and brightest to carry out our mission,” Deputy Attorney General Todd Blanche said in a statement.
I have full confidence in each of these exceptional attorneys and look forward to our continued collaboration as we make New Jersey and America safe again.”
After Habba’s term expired, the Trump administration tried to reinstate her, including naming her in an acting capacity, but the three-judge panel found that federal vacancy laws did not permit Trump and the DOJ to bypass the Senate confirmation process.
The U.S. Senate traditionally requires home-state senators to approve U.S. attorneys and district court judges serving there through blue slips. Both New Jersey senators are Democrats: Cory Booker and Andy Kim.
Separately on Nov. 24, District Judge Cameron Currie in South Carolina found Lindsey Halligan, a former insurance lawyer and White House aide, was unlawfully serving as the head of the Eastern District of Virginia. She was appointed by President Bill Clinton.
On Monday, Bondi and Blanche attacked judges for questioning Halligan’s legitimacy in the role, and accused them of “engaging in an unconscionable campaign of bias and hostility,” according to a joint statement posted on X.
“Lindsey and our attorneys are simply doing their jobs: advocating for the Department of Justice’s positions while following guidance from the Office of Legal Counsel. They do not deserve to have their reputations questioned in court for ethically advocating on behalf of their client. This Department of Justice has no tolerance for undemocratic judicial activism.”
Bondi and Blanche also served as Trump’s personal attorneys.
Like Halligan, Habba has limited criminal experience.
Habba was a partner in a small New Jersey law firm and handled “run-of-the-mill cases such as uncontested divorce, foreclosure, and slip-and-fall accidents.”
Habba worked on Trump’s civil fraud case and defamation trials. Last month, a federal appeals court upheld a $1 million penalty against Habba and Trump for bringing a frivolous lawsuit against former FBI Director James Comey and Hillary Clinton.
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