Alina Habba has had enough.
After months of having her nomination as President Trump's choice to be U.S. Attorney for the District of New Jersey – a role later changed to "Acting U.S. Attorney" – ping pong through the courts, Habba announced Monday that she was voluntarily stepping away from the job, but warned, "Do not mistake compliance for surrender."
— Alina Habba (@AlinaHabba) December 8, 2025
Habba, who previously served as the president's personal attorney, made the decision after the most recent judgment that put up significant obstacles to her continuing in the role. As RedState reported last week, a three-judge panel from the Third Circuit ruled that if she were to continue to serve, that would "effectively [permit] anyone to fill the U.S. Attorney role indefinitely," with the judges adding that "this should raise a red flag."
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President Trump's quest to install Alina Habba, his former personal defense lawyer, as U.S. Attorney for the District of New Jersey hit another legal roadblock Monday after an appeals court ruled Habba was unlawfully serving as the state's top federal prosecutor. It's the latest move in a months-long legal chess game in which the courts repeatedly undo the president's effort to place Habba in the important blue state role.
The heart of the matter is that the Trump administration has been doing end runs around the courts to allow Habba to carry out the role of U.S. Attorney in the Garden State. When her nomination failed to make it to the Senate, thanks to the "blue-slip" privilege that allows a state's senators – in this case, Democrat Sens. Cory Booker and Andy Kim – to void certain nominations, Habba was slotted in as an assistant to U.S. Attorney General Pam Bondi. This, the courts ruled, isn't allowed, and could possibly derail any indictments or prosecutions that occurred under Habba's watch.
READ MORE: Lawfare Strikes Again: Judges Derail Trump’s Pick, Force Habba Out of Top Prosecutor Role in NJ
We Need to Talk About the Senate's 'Blue Slip' Tradition and How It's Derailing Trump's Agenda (VIP)
Attorney General Bondi wasn't best pleased by the news, calling the recent decision by the Third Circuit "flawed" and saying she was "saddened to accept Alina's resignation."
— Attorney General Pamela Bondi (@AGPamBondi) December 8, 2025
Bondi went on to note that the situation was "unfortunate" because, during Habba's tenure, Newark saw a 20 percent reduction in crime and the city of Camden experienced no murders over the summer, something it hadn't seen in 50 years.
So, what's next for both Alina Habba and the role of U.S. Attorney for the District of New Jersey? For now, Habba will assume the role of Senior Advisor to the Attorney General for U.S. Attorneys, where, according to Bondi, she will "help drive the fight against violent crime nationwide."
The matter will also be returning to the courts. Per Bondi, the Department of Justice intends to seek "further review" of the Third Circuit's decision, promising that if it's reversed, Habba will return to the role. And Habba seems eager to get back to it, writing, "You can take the girl out of New Jersey, but you cannot take the New Jersey out of the girl."
Editor's Note: Unelected federal judges are hijacking President Trump's agenda and insulting the will of the people
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