Alina Habba Resigns As Acting NJ US Attorney
Alina Habba is exiting her position as the leading federal prosecutor in New Jersey after a bruising legal battle culminated in an appellate decision that determined she was ineligible to serve in the role. She explained her departure in a written statement, saying, “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 added a pointed reminder that her move should not be misread, declaring, “But do not mistake compliance for surrender. This decision will not weaken the Justice Department, and it will not weaken me.”
Her appointment to the post came in March, when President Trump selected her for the acting role after she had served both as his personal lawyer and later in a White House advisory position. Her brief stretch as the state’s top federal enforcer, however, quickly became entangled in a fierce challenge over whether she had ever lawfully held the job.
The controversy erupted when defendants in two unrelated criminal cases argued that her appointment ran afoul of a 1998 federal vacancies statute. Their contention was that the process used to install her bypassed required legal steps, invalidating her authority from the outset. A federal judge agreed, invalidating her work dating back to late July — though that ruling was temporarily paused as the administration sought relief from a higher court.
Throughout the dispute, the administration maintained that Habba’s elevation complied with a longstanding law that permits a first assistant to step into the U.S. attorney post for an interim period. Habba, then 41, had been sworn in on March 28 for a 120-day term. But on July 22, a federal judicial panel refused to extend her tenure and instead placed First Assistant U.S. Attorney Desiree Grace into the job.
That reshuffling prompted immediate pushback from the Justice Department. Attorney General Pam Bondi swiftly removed Grace and reinstated Habba, attempting to reassert the administration’s authority over the appointment. The appeals court, however, rejected that maneuver, finding that Bondi had never validly appointed Habba as first assistant in the first place — a prerequisite to the legal argument the government was relying on.
In a sharply worded opinion, Senior U.S. Circuit Judge D. Michael Fisher described the administration’s attempts to keep Habba in place as emblematic of broader political obstacles. “It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” he wrote, adding that “Its efforts to elevate its preferred candidate for US Attorney for the District of New Jersey, Alina Habba, to the role of Acting US Attorney demonstrate the difficulties it has faced — yet the citizens of New Jersey and the loyal employees in the US Attorney’s Office deserve some clarity and stability.”
The court also found that once President Trump formally nominated Habba for Senate confirmation on June 30 — a nomination later withdrawn to allow Bondi to reinstall her — she became legally barred from continuing in the acting position. Judge Fisher noted that accepting the administration’s argument would create a loophole allowing even unsuccessful nominees to return to acting posts, writing, “The government’s argument basically defeats itself.”
The ruling ultimately closed the door on Habba’s turbulent tenure, prompting her decision to step aside while insisting the fight has not diminished her resolve.
{Matzav.com}
