Alina Habba, once a prominent personal attorney for former President Donald Trump, resigned on December 8, 2025, as the acting U.S. Attorney for the District of New Jersey, following a months-long legal battle over her eligibility to serve in the role. The decision came just days after a federal appeals court upheld a lower court ruling that she had been serving "without lawful authority," a saga that has spotlighted deep divisions between the Trump administration and the federal judiciary over the limits of executive power and the appointment of top prosecutors.
Habba announced her resignation in a social media post, stating, "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. But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me." According to ABC News, she will remain with the Department of Justice as "Senior Adviser to the Attorney General for U.S. Attorneys," but her departure from the top post marks a significant blow to the Trump administration’s efforts to install loyalists in powerful federal law enforcement positions.
Habba’s appointment in March 2025 was controversial from the start. With no prior prosecutorial experience—her background was as a civil litigator and as Trump’s personal attorney in high-profile cases, including his New York civil fraud trial and defamation lawsuits—her selection was met with skepticism, particularly from New Jersey’s two Democratic senators, who signaled they would block her formal Senate confirmation. As reported by the Associated Press, Habba’s term was always intended to be temporary under the Federal Vacancies Reform Act (FVRA), which limits interim appointments to 120 days unless the Senate acts to confirm a nominee.
The controversy escalated when, after her temporary term expired in July 2025, a panel of federal judges appointed her subordinate, Desiree Grace, as acting U.S. Attorney. Attorney General Pam Bondi promptly fired Grace and kept Habba in the role, triggering a power struggle between the executive branch and the judiciary. The courts responded with increasing scrutiny. In August, a federal judge ruled Habba’s continued service was unlawful, finding that the administration had used "a novel series of legal and personnel moves" to keep her in office despite the statutory limits. The judge declared her actions in the role "void."
The Trump administration pressed on, appealing the decision. But on December 1, the Third Circuit Court of Appeals delivered a decisive blow, affirming that Habba had violated the FVRA. Judge D. Michael Fisher, writing for the majority, stated, "As it stands, Habba alone is exercising all the powers of a U.S. Attorney, making her an Acting U.S. Attorney whose appointment is not FVRA compliant." The court’s opinion emphasized the need for "clarity and stability" for both the citizens of New Jersey and the employees of the U.S. Attorney’s Office.
The legal wrangling did not go unnoticed by those in the office or the broader legal community. According to Al Jazeera, Judge Andre Espinosa criticized Habba’s prosecution of Newark Mayor Ras Baraka—a case that was quickly dropped—as a "worrisome misstep" and "hasty," warning that the role of a federal prosecutor is not to "advance political agendas." Habba also brought charges against U.S. Congress member LaMonica McIver stemming from the same protest incident; that case remains pending. Both Baraka and McIver, Democrats, alleged their prosecutions were politically motivated.
Habba’s tenure was marked by other controversies as well. Just last month, a federal appeals court upheld a $1 million penalty against her and Trump for bringing a frivolous lawsuit against former FBI Director James Comey and Hillary Clinton. The Trump administration has faced a string of defeats in its efforts to place loyalists in U.S. Attorney offices nationwide. In Virginia, Lindsey Halligan—another Trump attorney with no prosecutorial background—was found to have been unlawfully appointed as acting U.S. Attorney for the Eastern District. The court threw out criminal cases she brought against Letitia James and James Comey, and judges have raised concerns that the administration is actively disregarding the law by keeping such appointees in place.
Attorney General Pam Bondi, in a statement on December 8, said, "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." Bondi has characterized the judiciary’s actions as "undemocratic judicial activism," accusing judges of bias and hostility toward Trump-appointed prosecutors.
Former President Trump himself weighed in, criticizing the Senate’s tradition of allowing home-state senators to block nominees, calling it "a horrible thing" that makes it "impossible to appoint a judge or a U.S. attorney." He lamented, "I guess I just have to keep appointing people for three months and then just appoint another one, another one. It’s a very sad situation. We’re losing a lot of great people." (Associated Press)
For now, Habba’s former duties will be split between three Justice Department lawyers as the office seeks stability after months of legal uncertainty. The Department of Justice has not filed a further appeal as of December 8, but Bondi has indicated that they will continue to pursue the matter in court, hoping to eventually restore Habba to the post if successful.
The saga of Alina Habba’s appointment and resignation is emblematic of broader tensions between the executive and judicial branches over the limits of presidential power and the proper process for filling critical federal law enforcement roles. As the Trump administration continues to challenge judicial decisions and push for greater executive latitude in appointments, the courts have repeatedly pushed back, insisting on adherence to established laws and norms. The outcome of these battles will likely shape the landscape of federal law enforcement for years to come.
With the dust still settling in New Jersey and similar disputes unfolding in other states, the future of Trump’s efforts to reshape the federal prosecutorial ranks remains uncertain. But for now, the resignation of Alina Habba marks a significant pause in one of the most contentious legal dramas of the administration’s second term.
