"The Executive branch has perpetuated Alina Habba's appointment to act as the United States Attorney for the District of New Jersey through a novel series of legal and personnel moves, wrote Brann, finding that Habba has exercised the functions and duties of the office of the United States Attorney for the District of New Jersey without lawful authority since July 1, 2025, and as a result, [h]er actions since that point may be declared void[a]nd because she is not currently qualified to exercise the functions and duties of the office in an acting capacity, she must be disqualified from participating in any ongoing cases."
"Habba announced she had decided to step down in my role as the U.S. Attorney for the District of New Jersey as a result of the Third Circuit ruling and to protect the stability and integrity of the office which I love. [D]o not mistake compliance for surrender, Habba added. This decision will not weaken the Justice Department and it will not weaken me."
Alina Habba stepped down as acting U.S. Attorney for the District of New Jersey after a federal appeals court upheld a district court ruling disqualifying her. President Donald Trump appointed Habba in March after she had represented him and his super PAC. Judge Matthew S. Brann found that the Executive Branch perpetuated Habba's appointment through novel legal and personnel moves and concluded she exercised the office without lawful authority since July 1, 2025; her actions since that date may be declared void and she must be disqualified from ongoing cases. Habba will now serve as an adviser to Attorney General Pam Bondi and signaled potential further appeals.
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