Alina Habba, a former personal attorney for President Trump, is stepping down as the top federal prosecutor in New Jersey after a federal appeals court last week ruled she was unlawfully serving in the role.
Habba said in a social media statement on Monday that she was not resigning because of legal pressure but “to protect the stability and integrity” of the U.S. Attorney’s Office. She added the decision “will not weaken the Justice Department and it will not weaken me,” and said she will remain at the Justice Department as senior advisor to the attorney general for U.S. attorneys.
The resignation follows a unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the Third Circuit that found Habba was not lawfully serving as U.S. attorney and disqualified her from supervising cases. That decision came after a prolonged legal fight that had stalled many federal proceedings in New Jersey and disrupted the court calendar.
Habba first drew national attention as one of Trump’s attorneys defending him in civil and criminal matters after his first term. After Trump returned to the White House, he named Habba in March as acting U.S. attorney for New Jersey on an interim basis and later nominated her for the permanent post, but she failed to win Senate confirmation.
When her 120-day interim term was set to expire, the U.S. District Court for New Jersey appointed career prosecutor Desiree Grace to the post. Attorney General Pam Bondi then removed Grace, and the administration used a series of legal maneuvers to put Habba back in charge—moves that prompted challenges culminating in the appeals court ruling.
The Justice Department has recently lost several court battles over the legality of U.S. attorney appointments in multiple districts, including Nevada, California and Virginia. In response to the Third Circuit’s ruling, Bondi sharply criticized the decision, saying it has made it untenable for Habba to run her office and accusing judges of politicizing proceedings and pausing trials aimed at bringing violent criminals to justice. Bondi said the department plans to seek further review and expressed confidence the ruling will be reversed.