Alina Habba announced her resignation as the acting U.S. attorney for the district of New Jersey on December 8, 2025. This decision follows a ruling by the Third Circuit Court of Appeals, which found her appointment unlawful due to the Trump administration's failure to secure Senate approval, violating federal appointments law.

In her resignation statement, Habba emphasized her commitment to the stability and integrity of the office, asserting that her decision should not be viewed as a concession. She stated, "As a result of the Third Circuit's ruling, and to protect the stability and integrity of the office which I love, I have decided to step down."

Attorney General Pam Bondi expressed disappointment over the ruling, suggesting it undermines the ability of appointed attorneys to effectively prosecute criminal cases, particularly in light of ongoing trials against violent offenders. Bondi indicated that the Justice Department plans to appeal the appellate court's decision, hoping for a reversal that would allow Habba to return to her position.

Habba's resignation is significant as she is the first of Trump’s U.S. attorney appointments to face legal challenges regarding her appointment. The court's decision has implications for other U.S. attorneys, with additional appointees also found to be serving unlawfully. This includes Lindsey Halligan in Virginia, whose appointment was similarly invalidated, leading to the dismissal of charges against notable figures such as former FBI Director James Comey and New York Attorney General Letitia James.

Following Habba's departure, Deputy Attorney General Todd Blanche appointed three individuals to oversee various functions within the New Jersey U.S. Attorney's Office. The uncertainty surrounding the leadership of the office has raised concerns about the continuity of legal proceedings, as new cases and indictments now require the signatures of both Habba and Deputy Attorney General Blanche.

Habba was initially appointed as interim U.S. attorney in March 2025, but her nomination for the permanent position was never considered by the Senate, as required by law. The Department of Justice's attempts to facilitate her automatic appointment were rejected by a federal judge and the Third Circuit, highlighting ongoing issues related to the appointment process for federal prosecutors.