Alina Habba resigned because a federal appeals court ruled that she had been serving unlawfully as U.S. attorney for the District of New Jersey, making it effectively impossible for her to continue in the role.
Court ruling
A panel of the Third Circuit Court of Appeals concluded that her appointment as acting U.S. attorney violated federal rules governing such appointments, finding that she had been unlawfully holding the post. This decision raised questions about the legality of her actions in office and threatened to disrupt ongoing and past prosecutions handled under her tenure.
Her stated reason
In her public statement, Habba said she was stepping down “to protect the stability and integrity” of the U.S. attorney’s office in New Jersey in light of the appeals court’s ruling. She also emphasized that her resignation should not be seen as “surrender” and criticized the judiciary as politically motivated, while her allies in the administration argued the ruling made it untenable for her to effectively run the office.
What happens next
Following her resignation, the Justice Department signaled plans to continue challenging the appeals court decision and reassigned Habba to a senior advisory role to the attorney general for U.S. attorneys. Officials have indicated that, if the court decision is later reversed, she could potentially return to a U.S. attorney position.
