Alina Habba will step down as U.S. Attorney for New Jersey after judges ruled she was unlawfully serving in the position, triggering her removal.
Another legal battle between the Trump administration and the federal judiciary came to an end last week when a federal appeals court panel upheld a lower court's ruling and removed her from office.
Habba, who defended Trump against allegations of sexual abuse and slander from E. Jean Carroll as well as during a major fraud case in New York, announced in a statement that she will now work as Attorney General Pam Bondi's "senior advisor."
She stated on Monday,
"and to protect the stability and integrity of the office which I love, I have decided to step down" in response to the appellate court's decision.
“But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me,”
she said.
“Make no mistake, you can take the girl out of New Jersey, but you cannot take New Jersey out of the girl.”
The appeals court decision "has made it untenable for her to effectively run her office, with politicized judges pausing trials designed to bring violent criminals to justice," Bondi said in a statement.
Bondi stated that government attorneys "will seek further review of this decision, and we are confident it will be reversed," despite the Department of Justice's decision not being appealed last week.
Habba's departure represents the most recent setback to the Trump administration's efforts to maintain a number of loyalists in high-level prosecutorial positions across the nation, as his Justice Department is under severe judicial scrutiny for its efforts to circumvent legal restrictions on their tenure.
In cases contesting the appointments of Trump-backed U.S. attorneys in Los Angeles, Nevada, and Virginia where the president ordered Bondi to file two politically charged lawsuits against his longtime rivals James Comey and New York Attorney General Letitia James, judges have rendered similar rulings.
A judge recently declared that "all actions flowing from Ms. Halligan's defective appointment" amounted to "unlawful exercises of executive power," disqualifying U.S. Attorney Lindsey Halligan in the eastern district of Virginia and dismissing the lawsuits against Trump's adversaries.
Habba was sworn in as acting U.S. attorney in her home state earlier this year, following a brief tenure as "counselor to the president" in the White House.
A group of defendants from New Jersey contested the validity of Habba's tenure, claiming that when her 120-day term ended, Habba lacked the jurisdiction to prosecute them.
“The illegitimacy of Ms. Habba’s appointment undermines … fundamental due process rights,”
attorneys wrote in court filings.
Because the Federal Vacancies Reform Act states that "only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office," appeals court judges prohibited Habba from holding both the "acting" position and the position of First Assistant U.S. Attorney under Bondi.
The judges further stated that Habba is prohibited by law from taking on the position of Acting U.S. Attorney because she was nominated to serve full-time as the U.S. Attorney for New Jersey.
Additionally, they stated that Bondi's "delegation of all the powers of a U.S. Attorney to Habba" is forbidden.
During the first few months of her position, Habba pursued a number of politically charged investigations against Democratic officials, including one into Attorney General Matthew Platkin and Governor Phil Murphy, as well as criminal charges against Newark Mayor Ras Baraka and a sitting member of Congress.
A court later referred to Habba's decision to withdraw trespassing charges against the mayor as a "embarrassing retraction." Meanwhile, Democratic Representative LaMonica McIver vehemently disputes claims that she attacked police enforcement.
Habba was one of Trump's defense lawyers, and his defeats in New York courts resulted in judgments against him totaling more than half a billion dollars.
After being found guilty of sexually abusing and defaming the former Elle magazine reporter, Trump was sentenced to pay Carroll over $83 million last year. A judge ordered him to pay over $350 million for over ten years of corporate fraud a month later. He is challenging both rulings.
Habba was subject to a harsh federal court ruling that required her to pay over $1 million in sanctions against both herself and Trump, and she was frequently chastised for his actions and errors in court.
However, Habba became a potent voice for Trump, bringing campaign rhetoric to court proceedings and TV appearances. In the days preceding Election Day, she attended Trump's event at Madison Square Garden.
How might the DOJ firing affect federal cases in New Jersey?
Alina Habba's abdication as interim U.S. Attorney for New Jersey on December 8, 2025 following a Third Circuit ruling upholding her unlawful appointment could upend dozens of active civil felonious cases, as her disqualification bars supervision of executions, forcing DOJ to reassign leadership and potentially dismiss or delay ongoing matters amid leadership vacuum.
Scores of cases (e.g., against Newark Mayor Ras Baraka, dropped before) threaten nullification if tied to her authority; defense attorneys challenge complaints, seeking discipline or clearings under vacancy bills.
NJ civil courts face procedural chaos with no verified U.S. Attorney, decelerating trials, pleas, and prayers; previous controversies formerly caused months-long backlogs. Attorney General Pam Bondi vows Supreme Court appeal to restore presidential appointment powers, avoiding immediate reserves to save Trump patriots; critics advise politicization erodes public trust in executions.