MAGA lawyer Alina Habba has been forced to resign as New Jersey’s top prosecutor after an appeals court found she was serving in her position unlawfully.
In another blow for Donald Trump’s Justice Department, the president’s former personal attorney announced on Monday that she had stepped down from her role as acting U.S. attorney for the district, suggesting she was a victim of the “politicized left.”
But Attorney General Pam Bondi immediately threw Habba a consolation prize, making her a senior adviser within her department while demanding a review of the “flawed” decision.
“Following the flawed third circuit decision disqualifying Alina Habba from performing her duties in the U.S. attorneys office, for the district of New Jersey, I am saddened to accept Alina‘s resignation,” Bondi said in a statement.
“The court ruling has made it untenable for her to effectively run her office with politicized judges, pausing trials designed to bring violent criminals to justice.
“These judges should not be able to countermand the president‘s choice of attorneys entrusted with carrying out the executive branch’s core responsibility of prosecuting crime.”
Habba’s resignation comes days after the court last week unanimously found that she was serving unlawfully as U.S. Attorney, upholding a lower court decision that effectively disqualified her from the job.
Announcing her decision on X on Monday, the 41-year-old said she would step down to protect “the stability and integrity of the office which I love.”
“But do not mistake compliance for surrender,” she added. “This decision will not weaken the Justice Department and it will not weaken me.”
The move makes Habba the latest Trump pick to be disqualified from her role after the courts found that they were serving in violation of federal appointment laws.
Three other MAGA prosecutors have also suffered a similar fate, most notably former beauty pageant contestant Lindsey Halligan, who Trump appointed in Eastern Virginia to prosecute two of his enemies: FBI director James Comey and New York Attorney General Letitia James.
Sigal Chatta, who was Nevada’s acting US attorney and Bill Essayli, who was the acting US attorney for California’s central district, have also been disqualified.
Habba is a staunch MAGA loyalist who defended Trump on several high-profile cases, including the defamation lawsuit won by New York writer E. Jean Carroll and the New York civil fraud trial that found Trump had inflated the value of his properties for financial gain.
A darling of conservative media outlets, she was appointed interim attorney for New Jersey in March despite her limited federal court experience.
In June, Trump nominated Habba to the position permanently, but the Senate never acted on it amid opposition by the state’s two Democratic senators.
However, Acting U.S. attorneys can only serve in the position for 120 days, so ahead of the deadline, the district court issued an order that the assistant U.S. attorney would fill the position once her term expired.
The Trump administration then fought back in a bid to keep her in power without the Senate confirmation.
In announcing her resignation, Habba said she had made New Jersey safer, helping to drive down crime, take violent offenders off the streets and put away child predators.
“While I was focused on delivering real results, judges in my state took advantage of a flawed blue slip tradition, and became weapons for the politicized left,” she added.
“For months, these judges stopped conducting trials and entering sentences, leaving violent criminals on the street. They join New Jersey Senators, who care more about fighting President Trump and the well-being of residents which they serve.”
The appeals court—made up of two George W. Bush appointees and one Obama-appointed judge—found that her appointment violated the Federal Vacancies Reform Act, which sets out the requirements for temporarily filling vacancies.
It is not clear who will lead the U.S. attorney’s office following Habba’s resignation.
Bondi said she would seek a review of the Third Circuit court’s decision, during which Habba would serve as one of her senior advisers.
“We are confident it will be reversed,” Bondi said of the decision.
“Alina intends to return to lead the U.S. Attorney’s Office for the District of New Jersey if this occurs.”
