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Alina Habba, President Trump's former personal lawyer and the acting U.S. attorney for the District of New Jersey, resigned Monday following a federal appeals court ruling that declared her appointment unlawful.
The U.S. Court of Appeals for the Third Circuit last week upheld a lower court decision finding that the Justice Department violated the Federal Vacancies Reform Act through maneuvers to keep Habba in the role after her initial interim term and without Senate confirmation.
Habba announced her departure in a statement on X, saying she will take a new position as senior advisor to Attorney General Pam Bondi overseeing U.S. attorneys nationwide while the department seeks further review of the ruling.
"For four years, I fought against lawfare aimed at President Trump and against politics infecting our justice system," Habba wrote. "What these obstructionists misunderstood is that my loyalty is not to politics, a title, or a ZIP code. It is to this great country."
"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," she continued. "My fight will now stretch across the country. As we wait for further review of the court’s ruling, I will continue to serve the Department of Justice as the Senior Advisor to the Attorney General for U.S. Attorneys."
— Alina Habba (@AlinaHabba) December 8, 2025
She added, "This decision will not weaken the Justice Department and it will not weaken me. Make no mistake, you can take the girl out of New Jersey, but you cannot take the New Jersey out of the girl.:"
Attorney General Bondi called the ruling flawed and said the department is confident it will be reversed.
President Trump described the outcome as "a shame," blaming the Senate's blue slip tradition.
Habba's resignation marks another setback for the administration's efforts to install loyalists in key prosecutor roles, coming after similar disqualifications in other districts, including one that led to dismissed indictments against James Comey and Letitia James.
The New Jersey office will now be led by three deputies handling criminal, civil and administrative functions.