Court Forces Alina Habba Out: Third Circuit Says Her Appointment Was Illegal
Alina Habba resigned Monday as U.S. Attorney for the District of New Jersey after the Third Circuit Court of Appeals upheld a ruling that her appointment violated federal law, forcing her removal from the position.
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The decision, issued December 1, affirmed that Habba’s elevation to acting U.S. attorney was unlawful under the Federal Vacancies Reform Act, concluding that she continued serving past the legal limit without Senate confirmation. The ruling immediately disqualified her from overseeing the office.
In a resignation statement posted minutes after news broke, Habba cast the decision as politically motivated and accused federal judges in New Jersey of obstructing prosecutions during her tenure. She claimed a “flawed blue slip tradition” and “politicized” courts had interfered with public safety cases — criticism that has not been supported by any court filings or independent review.
Habba also framed her departure as compliance rather than concession, writing: “Do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.”
Her statement reiterated that she will remain inside the Department of Justice as a senior advisor to Attorney General Pam Bondi. DOJ officials confirmed that shift in internal staffing following the ruling.
The Third Circuit’s decision marked the first appellate-level disqualification of a Trump-appointed U.S. attorney, raising questions about the validity of prosecutions initiated under Habba. Legal analysts say defendants may now challenge indictments or plea agreements tied directly to her tenure, though DOJ has not yet provided guidance on how those cases will be handled.
The administration has not announced who will lead the New Jersey office next.