Alina Habba Steps Down After Court Rejects Her Appointment
Alina Habba left her role as acting U.S. Attorney for New Jersey after a federal appeals court ruled that she never held the job legally. The decision ended months of tension around her appointment and raised new questions about how the Trump administration handled interim federal positions in 2025.
How She Entered the Role
Habba joined the administration in January 2025 as Counselor to the President. She had worked as Donald Trump’s private attorney for several years and often appeared as a public defender of his legal and political positions.
In late March, the administration placed her in the U.S. Attorney’s Office for New Jersey. The move bypassed Senate confirmation and relied on a temporary appointment process the administration used in several states.
Her time in the office drew fast reactions. She opened investigations involving New Jersey Governor Phil Murphy and Attorney General Matt Platkin. Democratic leaders criticized the decisions and said the probes carried political motives. Habba later said she wanted to “turn New Jersey red,” which added more pressure to an already tense environment.
Court Rulings That Forced Change
In August, a federal judge said her appointment expired on July 1. The judge also ruled that the administration did not have the authority to keep her in place after that date. The Justice Department appealed the decision.
On December 1, the Third Circuit Court of Appeals upheld the ruling. The judges said the administration used a method that did not match federal rules. They also said the district court, not the White House, held the power to name a replacement after her interim term ended.
The court noted that the appointment process used for Habba and other U.S. attorneys in 2025 was “novel” and out of step with long-standing practice. The ruling created uncertainty around some federal cases in New Jersey, since lawyers may now question who had authority to oversee earlier decisions.
Her Resignation and Next Position
Habba resigned on December 8. She stated that she disagreed with the ruling but did not want the office to remain in a state of conflict.
She will continue working inside the Justice Department. Attorney General Pam Bondi appointed her to an advisory role focused on U.S. Attorney operations across the country. The White House has signaled that it may consider taking the case to the Supreme Court, though no filing has been submitted.
The New Jersey office is now under temporary leadership while a new appointment process moves forward. Habba’s brief and high-profile tenure remains part of a wider debate about presidential authority and the structure of interim federal appointments in 2025.
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