Alina Habba has resigned as acting U.S. Attorney in New Jersey after a federal appeals court ruled that her appointment was unlawful.
The decision marks a major setback for the administration as it fights to install loyal officials in high-ranking positions without waiting for the Senate.
Habba announced her resignation on Monday, saying she stepped down “to protect the stability and integrity of the office.”
She will remain in the Justice Department in a senior advisory role.
The move comes after a unanimous ruling from the U.S. Court of Appeals for the Third Circuit, which found that Habba’s authority expired months ago. According to the court, she had no legal power to remain in office after July 1.
The decision means any actions taken after that deadline are now under scrutiny. That includes indictments, prosecutions, and signatures issued after her authority lapsed.
“Do not mistake compliance for surrender,” Habba said in her statement. She insisted her resignation does not weaken her or the Justice Department.
The legal issue began after Habba’s 120-day interim term expired under the Federal Vacancies Reform Act. Once that timer runs out, district judges choose a temporary replacement until the Senate confirms a permanent nominee.
In July, judges appointed veteran prosecutor Desiree Leigh Grace to lead the office. Habba’s nomination was then withdrawn, Grace was fired within hours, and the administration reinstalled Habba anyway as acting U.S. Attorney.
The Third Circuit ruled that the move was unlawful. The judges said Habba lacked the legal authority to return to the position, and the administration did not have the power to override the federal statute.
Defense attorneys are already preparing motions to challenge cases out of Newark and Camden. Prosecutors say they expect minimal disruption, but the ruling opens the door to months of litigation, according to Trending Politics.
For the administration, this is about more than just one appointment. Officials have repeatedly tried to use acting roles to bypass a Senate that refuses to confirm key law-and-order picks in certain states.
Similar disputes have now emerged in Virginia and Nevada. Multiple U.S. Attorney nominations are stalled or tied up in lawsuits. The Third Circuit ruling suggests that federal courts are prepared to intervene aggressively.
Habba became a political lightning rod the moment she took the job. She previously represented Trump in civil fraud and defamation cases and was one of his most vocal defenders in the media.
In her resignation statement, Habba reaffirmed her loyalty to New Jersey and to the administration.
“Make no mistake, you can take the girl out of New Jersey, but you cannot take New Jersey out of the girl,” she said.
