Alina Habba, previously serving as Donald Trump’s personal attorney, has stepped down from her position as New Jersey’s chief federal prosecutor following a judicial determination that her appointment violated federal statutes. The resignation, accepted by US Attorney General Pam Bondi on Monday, came in response to an appellate court ruling that declared Habba’s service unlawful under the Federal Vacancies Reform Act.
The judicial panel determined that the Trump administration circumvented constitutional requirements by installing Habba on an acting basis after her formal nomination faced rejection in district court. This procedural bypass eliminated the mandatory Senate confirmation process, creating legal vulnerabilities that affected numerous criminal proceedings throughout the state.
Attorney General Bondi characterized the court’s decision as “flawed” and acknowledged the resulting environment made effective leadership “untenable.” Despite resigning her prosecutorial role, Habba will maintain influence within the Justice Department as senior adviser to Bondi, with plans to pursue further legal review of the appellate decision.
In her public statement via social media platform X, Habba framed her departure as a protective measure for “the stability and integrity of the office which I love,” while simultaneously vowing to continue her advocacy nationwide. The former prosecutor notably represented President Trump during his New York criminal trial involving business record falsification, resulting in conviction on 34 counts currently under appeal.
Bondi publicly defended Habba’s performance, citing a 20% crime reduction in Newark and Camden’s first homicide-free summer in five decades during her tenure. The attorney general further contended that judicial authority should not supersede presidential discretion in selecting prosecutors responsible for executing the executive branch’s law enforcement functions.
Habba initially joined Trump’s legal team in 2021 following their meeting at his Bedminster golf club, later earning his designation as prospective presidential counsellor for a potential second administration due to her “unwavering loyalty” and advocacy.