Habba Resigns After Appeals Court Rules Appointment Unlawful; Bondi Names Her Senior Adviser

Alina Habba, a prominent lawyer and former personal attorney to Donald Trump, resigned as acting U.S. attorney for the District of New Jersey after the U.S. Court of Appeals for the Third Circuit unanimously upheld a lower-court finding that her appointment violated the Federal Vacancies Reform Act (FVRA).

Court Ruling

The appeals court found that Habba had been serving unlawfully as acting U.S. attorney, effectively disqualifying her from the post. The ruling upheld a district court decision that the administration's attempt to keep Habba in office beyond the FVRA's 120-day limit was improper.

Bondi's Response

Attorney General Pam Bondi accepted Habba's resignation but immediately appointed her as a senior adviser within the Justice Department and said the department would seek review of the Third Circuit's decision. Bondi criticized the ruling as "flawed" and accused some judges of allowing politics to disrupt prosecutions.

"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 said in a statement.

Habba's Statement

Habba, 41, announced her resignation on X, saying she stepped down to protect "the stability and integrity of the office which I love." She added, "But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me." Habba defended her record, citing efforts to reduce crime and prosecute violent offenders and child predators.

Context And Wider Impact

The decision is part of a string of rulings that have removed several Trump-era acting U.S. attorneys for failing to meet federal appointment requirements. Other recent disqualifications include Lindsey Halligan (Eastern District of Virginia), Sigal Chatta (Nevada), and Bill Essayli (Central District of California).

What Happens Next

Bondi said the Justice Department is confident the Third Circuit ruling can be reversed and indicated that Habba could return to lead the U.S. Attorney's Office for New Jersey if a successful appeal restores her appointment. Meanwhile, it remains unclear who will oversee day-to-day operations of the office while legal and administrative reviews proceed.

Key legal point: The Federal Vacancies Reform Act limits how long acting officials can serve without Senate confirmation. The courts found that Habba's appointment exceeded that limit.