A federal judge had ruled in August that Habba’s appointment was unlawful, finding she was installed “through a novel series of legal and personnel moves”
US President Donald Trump’s former personal lawyer, Alina Habba, has announced that she will no longer serve as acting US attorney for New Jersey following an appeals court ruling that determined her appointment was unlawful.
In a statement on X, Habba said that “as a result of the Third Circuit’s ruling, and to protect the stability and integrity of the office which I love, I have decided to step down in my role as the US Attorney for the District of New Jersey.” She added that people should “not mistake compliance for surrender.”
Attorney General Pam Bondi, in a separate statement on X, said she was “saddened to accept Alina’s resignation.” Bondi noted that the 3rd US Circuit Court of Appeals’ decision had made it “untenable for her to effectively run her office” and announced she was appointing Habba as a “senior advisor to the Attorney General for US Attorneys.”
She also said the Justice Department is appealing the ruling and that “we are confident it will be reversed.” If that happens, Bondi wrote, “Alina intends to return to lead the US Attorney’s Office for the District of New Jersey.”
The Justice Department said in a news release that three officials would share responsibility for leading the office in Habba’s absence.
What’s the case?
A federal judge had ruled in August that Habba’s appointment was unlawful, finding she was installed “through a novel series of legal and personnel moves.” Trump first named her interim US attorney on March 24, replacing another interim appointee who had been in the role for only three weeks.
Habba was sworn in on March 28, but interim appointments are limited to 120 days. Trump nominated her for the permanent post on June 30, but the “Senate did not act” on the nomination, US District Judge Matthew W. Brann wrote.
On July 22, the judges of the US District Court of New Jersey exercised their authority to appoint a new US attorney, Habba’s deputy. The Justice Department then “conceived a multi-step manoeuvre” to keep her in the role, Brann said, with Bondi dismissing Habba’s successor and naming Habba as “Special Attorney to the Attorney General,” before placing her in the now-vacant deputy position, which allowed her to serve as acting US attorney.
Brann concluded that these actions were illegal, amounted to an attempt to bypass Senate confirmation, and meant Habba “must be disqualified from participating in any ongoing cases.” A 3rd Circuit panel agreed last week, ruling that permitting her appointment to stand would allow such posts to be filled “indefinitely.”
In her statement on Monday, Habba said judges have become “weapons of the politicised left.”
Her appointment had been challenged by criminal defendants who argued she lacked the authority to oversee their cases. Although Brann delayed the effect of his ruling pending appeal, the controversy created disruptions across New Jersey’s federal courts, with some judges postponing trials out of concern that Habba’s involvement could jeopardise convictions.
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