Alina Habba resigns as acting U.S. Attorney for New Jersey

WASHINGTON, DC - MARCH 28: White House Presidential Counselor Alina Habba delivers remarks before being sworn in as the interim U.S. Attorney for New Jersey in the Oval Office at the White House on March 28, 2025 in Washington, DC. Habba is a former personal attorney for President Donald Trump. (Photo by Andrew Harnik/Getty Images)
White House Presidential Counselor Alina Habba delivers remarks before being sworn in as the interim U.S. Attorney for New Jersey in the Oval Office at the White House on March 28, 2025 in Washington, DC. Habba is a former personal attorney for President Donald Trump. (Photo by Andrew Harnik/Getty Images)

OAN Staff Sophia Flores 
1:08 PM – Monday, December 8, 2025

U.S. Attorney for New Jersey, Alina Habba, has announced that she is resigning from her position as the Garden State’s top prosecutor.

Monday’s surprise announcement comes after a federal appeals court ruled that she had been “unlawfully serving” in her position.

Habba had been appointed to serve a temporary term back in March, being appointed by President Donald Trump to serve a temporary 120-day term as interim U.S. Attorney, a role typically requiring Senate confirmation for permanence. When the term lapsed without extension from New Jersey’s federal district judges or Senate approval, challenges from criminal defendants in cases she oversaw led to an initial August district court ruling against her authority.

On December 1st, a three-judge panel ultimately ruled that Habba’s appointment violates the Federal Vacancies Reform Act, or FVRA.

Meanwhile, Habba made the recent resignation announcement on her X page in a lengthy statement, revealing she was stepping aside “to protect the stability and integrity” of the office.

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“But do not mistake compliance for surrender,” she wrote. “This decision will not weaken the Justice Department and it will not weaken me.”

Habba will still hold a role at the Department of Justice (DOJ) as Senior Adviser to the Attorney General for U.S. Attorneys. Attorney General Pam Bondi added that Habba will be overseeing U.S. Attorneys nationwide, allowing her to influence federal prosecutorial operations beyond just New Jersey.

Additionally, Bondi released her own statement in relation to the matter, explaining that she will continue to review the court’s decision and look for any other potential, and legal, ways to get Habba back into her seat in her home state of New Jersey.

“I am saddened to accept Alina’s resignation,” Bondi wrote

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