Alina Habba has officially resigned from her role as the Acting U.S. Attorney for the District of New Jersey following a challenging three-month legal battle concerning the legitimacy of her appointment. In a recent announcement via social media, Habba confirmed her resignation but will continue to serve as a Senior Adviser to the Attorney General for U.S. Attorneys.
Habba’s resignation stems from a prolonged legal dispute regarding her ability to hold the U.S. attorney position without Senate confirmation. In August, a federal judge determined that Habba was unlawfully serving in this capacity, subsequently disqualifying her as New Jersey's leading federal law enforcement official. This ruling was upheld last week by a federal appeals court, which unanimously confirmed that she lacked legal authority to remain in the role. Notably, the Department of Justice has not contested this ruling, marking a significant turn in her controversial tenure.
In her resignation statement, Habba expressed her respect for the office she held, 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.” She also emphasized, “But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.”
Attorney General Pam Bondi expressed her disappointment regarding Habba's resignation, stating, “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.” Bondi reassured that the Department of Justice intends to seek a further review of the decision, expressing confidence in a potential reversal. Habba has indicated her intention to reclaim her position as U.S. Attorney should the ruling be overturned.
Prior to her appointment as U.S. attorney, Alina Habba served as a personal defense attorney for former President Donald Trump in various legal matters, including a civil fraud case and defamation trials. Recently, a federal appeals court upheld a significant penalty against Habba and Trump, amounting to $1 million, due to a frivolous lawsuit they filed against former FBI Director James Comey and Hillary Clinton.
The Trump administration has been facing increasing scrutiny and challenges related to its efforts to appoint loyalists as top prosecutors in U.S. attorneys' offices nationwide. This includes a series of court defeats where judges have expressed concerns that the administration is disregarding legal protocols. For instance, a recent ruling dismissed both criminal cases against Comey and New York Attorney General Letitia James, citing that Lindsey Halligan, a former insurance lawyer with no prosecutorial experience, was unlawfully appointed to lead the Eastern District of Virginia U.S. Attorney's Office.
As of now, no appeal has been filed by the administration following these rulings, despite Attorney General Bondi's earlier assertions that they would contest the decisions. Additionally, a grand jury recently rejected an attempt by the administration to revive its case against James. There has been a growing concern among judges in the Eastern District of Virginia regarding the administration's apparent defiance of the ruling that disqualified Halligan, as they continue to include her signature and title on legal documents.
On Monday, Attorney General Bondi and Deputy Attorney General Todd Blanche released a joint statement condemning the judges for questioning Halligan’s legitimacy, alleging an “unconscionable campaign of bias and hostility.” The statement asserted, “Lindsey and our attorneys are simply doing their jobs: advocating for the Department of Justice's positions while following guidance from the Office of Legal Counsel.”
As the situation continues to evolve, the implications of these legal battles and administrative decisions will undoubtedly shape the future of the U.S. Attorney's Office for the District of New Jersey and beyond.