Alina Habba stepped down as New Jersey’s top prosecutor after a court said she held the job without the required Senate confirmation. Getty Images
Alina Habba resigned from her position as New Jersey’s top federal prosecutor after a court decision ruled that she held the job unlawfully. Habba previously served as Donald Trump’s personal lawyer and took on the prosecutor’s role earlier this year.
Her departure followed a US appeals court judgment stating that she could not legally serve as US attorney without Senate confirmation.
US Attorney General Pam Bondi accepted her resignation on Monday. Bondi said the ruling left Habba unable to continue leading the office. She called the decision “flawed” and argued that it created unnecessary instability.
Court Decision Sparks Wider Concerns
The appeals court found that Habba’s appointment violated the Federal Vacancies Reform Act. The judges said the administration bypassed the required confirmation process when it placed her in an acting position. The ruling could affect many criminal cases handled by her office.
Bondi said Habba will continue working at the justice department as a senior adviser. She stated that the department will seek further review of the ruling in hopes of reversing it.
In a message posted online, Habba said she stepped down “to protect the stability and integrity of the office which I love.” She added, “But do not mistake compliance for surrender,” saying she will continue to advise Bondi and remain involved in legal matters nationwide.
Trump Criticizes the Process
Trump defended his former lawyer and criticized the “blue slip” process, which gives senators the ability to approve or block nominees from their home state. He argued that the rule restricts his ability to select prosecutors.
"I can't appoint a US attorney that's not a Democrat," Trump said. He added that he may need to keep making short-term appointments and replace them every few months. He said the system leads to the loss of “a lot of great people.”
Praise for Habba’s Record
Bondi highlighted Habba’s accomplishments during her time in office. She noted that Newark saw a 20% drop in crime and that Camden recorded its first summer in 50 years without a homicide. She said the numbers reflected strong leadership and effective work by the office.
Habba joined Trump’s legal team in 2021 after meeting him at his golf club in New Jersey. She later represented him during his hush-money trial in New York. A jury convicted Trump on 34 counts of falsifying business records, and his appeal remains active.
Trump once announced plans to appoint Habba as his presidential counsellor in a second administration. He called her “unwavering in her loyalty” and praised her commitment to his legal team and policy goals.
Broader Pattern of Unlawful Appointments
Habba is not the only Trump-linked prosecutor facing questions. Several recent rulings blocked or challenged appointments made without Senate confirmation. Judges in Virginia, California, and Nevada also raised concerns about the legality of similar acting positions.
More cases remain under review, and the issue continues to draw political and legal debate.
