Alina Habba has stepped down as acting U.S. attorney for the District of New Jersey, days after a federal appeals court ruled she had been serving in the role unlawfully. Her resignation ends months of legal uncertainty around her status and opens a new round of questions for the Justice Department.
Court Rejection Triggered Exit
The Third Circuit Court of Appeals upheld a lower court ruling on Dec. 1, finding that Habba’s appointment violated federal vacancy laws. Judges concluded the administration had no legal basis to keep her in the top role after her interim term expired and after her nomination for the permanent job was withdrawn.
The decision effectively stripped her of authority and placed her past actions under scrutiny. Some defendants have already begun challenging indictments issued during her tenure, and several trials were paused as courts sorted out whether she was legally allowed to lead the office.
Habba Says Decision Was About Stability
Habba framed her resignation as an effort to “protect the stability and integrity” of the U.S. attorney’s office, while stressing it should not be seen as a concession. She said the administration plans to continue appealing the Third Circuit ruling.
Even so, she is not leaving the Justice Department. Habba will shift into a senior advisory role to the attorney general, according to department officials.
How the Appointment Fell Apart
Under federal law, interim U.S. attorneys appointed by the attorney general may serve up to 120 days. If no permanent leader is confirmed by that point, district court judges have the authority to fill the vacancy. That is what happened in New Jersey: the court installed a permanent U.S. attorney rather than extend Habba’s interim term.
The administration tried to work around that outcome. It withdrew her Senate nomination and reappointed her as First Assistant U.S. Attorney. That position, officials argued, allowed her to automatically step in as acting U.S. attorney under the Federal Vacancies Reform Act.
The Third Circuit rejected that reasoning. Judges said that once the nomination was withdrawn, the administration lost the statutory footing needed to treat her as an acting appointee. They described the maneuver as a violation of both vacancy laws and basic constitutional appointment rules.
Broader Fallout for the Administration
The ruling marks the first time a federal appeals court has found one of the administration’s “acting” U.S. attorney appointments unlawful under the Vacancies Reform Act. That precedent could carry across other districts where similar tactics were used to bypass Senate confirmation.
It also adds to the administration’s mounting setbacks over its reliance on temporary appointments. Critics say the strategy has strained relations with the Senate and invited legal fights that now threaten to unwind major prosecutions.
Impact on DOJ Operations
The shake-up leaves the New Jersey office in a vulnerable position. Leadership turnover, combined with challenges to past indictments, could disrupt ongoing investigations, including politically sensitive matters already under pressure.
For now, the Justice Department faces two parallel tasks: defending its appointment strategy in court while trying to stabilize one of its busiest U.S. attorneys’ offices. Whether it can do both without further disruptions is still an open question.
This is a breaking news story. Please check back for updates.
READ NEXT: Trump Erupts After Pardoned Congressman’s Bombshell Decision
