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Alina Habba resigns after court disqualified her from being New Jersey's top prosecutor

December 8, 2025

Alina Habba, who previously served as Donald Trump's personal attorney, has stepped down from her position as New Jersey's US Attorney following a legal challenge to her appointment. A federal appeals court ruled that her temporary appointment, which bypassed Senate confirmation requirements, violated the Federal Vacancies Reform Act and was therefore unlawful. Attorney General Pam Bondi accepted the resignation while criticizing the court's decision and announcing that Habba would continue working at the Justice Department as a senior adviser.

Who is affected

  • Alina Habba (resigned US Attorney for New Jersey)
  • US Attorney General Pam Bondi
  • President Donald Trump
  • Criminal defendants and cases in New Jersey that Habba handled
  • Other Trump-appointed US attorneys serving in acting capacities (Lindsey Halligan in Virginia, Bill Essayli in California, Sigal Chattah in Nevada)
  • Residents of Newark and Camden, New Jersey
  • Home-state senators whose approval processes were bypassed

What action is being taken

  • Attorney General Pam Bondi is accepting Habba's resignation
  • Habba is remaining at the Justice Department as a senior adviser
  • The administration is seeking further review of the court's decision with hopes of reversal
  • Habba is working as an adviser to Bondi for US attorneys nationwide
  • Sigal Chattah's disqualification in Nevada is paused pending appeal

Why it matters

  • This situation matters because it highlights a significant legal and constitutional conflict between the executive and judicial branches regarding presidential appointment powers. The court rulings affect the legitimacy of numerous criminal prosecutions handled by unlawfully appointed attorneys, potentially jeopardizing scores of cases across multiple states. The controversy underscores the tension between the traditional Senate confirmation process designed to provide legislative oversight and the Trump administration's attempts to rapidly install preferred candidates without that scrutiny, raising fundamental questions about checks and balances in the federal appointment system.

What's next

  • The Justice Department will seek further review of the appellate court decision
  • Habba will work as a senior adviser to Bondi for US attorneys across the country
  • Trump indicated he may need to keep appointing people for three-month periods repeatedly
  • The administration faces similar challenges with seven attorneys who cannot serve as US attorneys due to the "blue slip" process

Read full article from source: BBC