Habba Resigns as New Jersey U.S. Attorney After Court Declares Her Appointment Unlawful

December 8, 2025 6:41 PM | Updated December 8, 2025, 6 months ago
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Alina Habba, the former personal attorney of Donald J. Trump, stepped down on 8 December 2025 as acting U.S. Attorney for the District of New Jersey after a federal appeals court ruled her appointment unlawful. The court concluded her extended service violated the limits set under the Federal Vacancies Reform Act (FVRA).

In a post on X, Habba wrote she was resigning “to protect the stability and integrity of the office which I love,” while insisting the decision should not be seen as defeat. “Do not mistake compliance for surrender,” she added, and said the Justice Department intends to appeal.

Her resignation comes after a months-long legal battle. A lower court ruled in August that she lacked proper authority to continue after the 120-day interim period lapsed; the ruling was unanimously upheld by the Third U.S. Circuit Court of Appeals earlier this month.

The resignation ends a turbulent chapter that saw several indictments and legal moves under her office stalled or challenged. At least one career prosecutor has now assumed acting leadership, and the Justice Department has not named a permanent replacement.

For now, Habba will serve as a senior adviser to Pam Bondi, the Attorney General, while the Department of Justice evaluates legal strategies to reverse the court decision. Observers say the episode underscores mounting tensions between the administration’s push for loyalty-based appointments and established legal safeguards.

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