Alina Habba Resigns as New Jersey's Top Federal Prosecutor Amid Legal Controversy
Published 8 December 2025
Highlights
- Alina Habba resigned as New Jersey's top federal prosecutor following a court ruling that her appointment was unlawful.
- The court found her interim appointment violated the Federal Vacancies Reform Act, affecting numerous criminal cases.
- Habba will remain at the Justice Department as a senior adviser while seeking a review of the decision.
- Trump and Attorney General Pam Bondi criticized the "blue slip" process, which they claim hinders Republican appointments.
- Habba previously served as Trump's personal lawyer and was involved in his hush-money trial in New York.
Alina Habba, a former personal lawyer to Donald Trump, has stepped down from her role as New Jersey's top federal prosecutor after a court ruling deemed her appointment unlawful. The decision, which has significant implications for federal cases in the state, highlights ongoing tensions surrounding the appointment process for US attorneys.
Court Ruling Sparks Resignation
Habba's resignation follows a US appeals court's decision that her appointment violated the Federal Vacancies Reform Act. The court found that her interim role, which bypassed Senate confirmation, was unlawful. This ruling could impact numerous criminal cases in New Jersey, as Habba's authority to prosecute was invalidated. Despite stepping down, Habba will continue to serve as a senior adviser at the Justice Department, with Attorney General Pam Bondi expressing intentions to seek further review of the court's decision.
Political and Legal Repercussions
The controversy surrounding Habba's appointment has reignited debates over the "blue slip" process, a Senate tradition allowing home-state senators to approve or disapprove judicial nominees. Trump and Bondi have criticized this process, arguing it obstructs Republican appointments. Trump lamented the inability to appoint Republican US attorneys in states with Democratic senators, suggesting the system is biased against his administration's choices.
Habba's Legal Journey
Before her appointment as a federal prosecutor, Habba was a key figure in Trump's legal team, representing him in high-profile cases, including his hush-money trial in New York. Her tenure as New Jersey's US attorney saw a notable reduction in crime rates in cities like Newark and Camden, according to Bondi. Despite her resignation, Habba remains committed to her role in the Justice Department, vowing to continue her legal fight across the country.
What this might mean
The legal and political implications of Habba's resignation are multifaceted. If the court's decision is upheld, it could set a precedent affecting other interim appointments made without Senate confirmation. This may lead to increased scrutiny of the Federal Vacancies Reform Act and its application. Politically, the ongoing debate over the "blue slip" process could prompt calls for reform, potentially altering how judicial appointments are handled in the future. As Habba continues her advisory role, her influence on legal strategies within the Trump administration remains significant, potentially shaping future legal battles.
