Alina Habba resigned as acting U.S. attorney for New Jersey on Monday after an appellate panel last week upheld a federal court’s ruling disqualifying her from the position.
“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 wrote in a lengthy statement posted to X on Monday afternoon announcing her resignation. “But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.”
The 32-page decision last week from the 3rd Circuit Court of Appeals upheld a district court’s prior ruling. That ruling said that Habba’s appointment violated a statute specifically governing vacancies in U.S. attorney positions and that the attorney general could not circumvent the statute, either under the more general Federal Vacancies Reform Act or by designating Habba a “special attorney” under a third statutory provision.
Habba, 41, was appointed to her temporary post in March. While U.S. attorneys are typically nonpartisan, Habba had a reputation as a bulldog for President Donald Trump before assuming her role: She represented him in his legal cases against writer E. Jean Carroll and in the civil fraud case that New York Attorney General Letitia James brought against him. Habba also served as a spokesperson on Trump’s campaign last year.
Trump called Habba’s resignation “horrible” on Monday afternoon and blamed Democrats for blocking her confirmation in the Senate. He also said Republicans “should be ashamed of themselves that they allow this to go on because I can’t appoint a US attorney that’s not a Democrat, because they put a block on it.”
Critics have slammed Habba for her lack of experience. She had never served as a prosecutor before overseeing an office of 150 federal prosecutors. In her statement announcing her resignation, Habba cast herself as a victim of political persecution.
In July, once Habba’s temporary 120-day tenure was technically up, a federal judge named Habba’s replacement, Desiree Leigh Grace —whom Attorney General Pam Bondi promptly fired in order to reinstall Habba in the role — kicking off a month-long legal battle.
“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 wrote, referring to New Jersey’s Democratic senators’ refusal to confirm her in the Senate. “They joined New Jersey senators who care more about fighting President Trump than the well being of residents which they serve.”
Attorney General Pam Bondi wrote on X that she was “saddened to accept Alina’s resignation” and that Habba would remain in her role as senior adviser to the attorney general for U.S. attorneys.
Bondi said that the Department of Justice will seek review of the decision and that Habba will return to the position if it is reversed. In response to a request for comment, a spokesperson for the White House referred MS NOW to Bondi’s statement on X. A spokesperson for the Department of Justice declined to comment. In a joint statement, Democratic Sens. Cory Booker and Andy Kim of New Jersey said Habba’s resignation “brings to a close a troubling chapter and confirms what we have warned from the start. Habba’s installation through an irregular and unlawful process undermined the credibility of the office and eroded the public’s trust in the state’s chief federal prosecutor.” Habba was the first of four temporary U.S. attorneys whose appointments were ruled invalid by federal courts. One is Lindsey Halligan of the Eastern District of Virginia, who signed the since-dismissed indictments of former FBI Director James Comey and James. Habba is the first of the group to step down. Lisa Rubin contributed reporting.
Julianne McShane is a breaking news reporter for MS NOW. Recommended
