Habba resigns after 3rd Circuit disqualifies her as New Jersey U.S. attorney
A unanimous three-judge panel of the U.S. Court of Appeals for the 3rd Circuit, in an opinion authored by Judge D. Michael Fisher, ruled that Alina Habba was unlawfully serving as acting U.S. attorney for the District of New Jersey under the Federal Vacancies Reform Act and disqualified her from ongoing cases, rejecting the administration’s appointment workaround as effectively permitting indefinite temporary fills. Habba announced her resignation, which Attorney General Pam Bondi accepted while vowing to seek further review, and Habba said she will remain Bondi’s senior adviser for U.S. attorneys and posted a defiant statement on X, even as it remains unclear who will replace her.
đź“Ś Key Facts
- On Dec. 1, 2025, a unanimous three-judge panel of the U.S. Court of Appeals for the 3rd Circuit disqualified Alina Habba from serving as acting U.S. attorney for the District of New Jersey; the panel was Judges D. Brooks Smith, D. Michael Fisher and Luis Felipe Restrepo, and the opinion was authored by Judge D. Michael Fisher.
- The court issued a 32-page opinion criticizing the administration’s maneuver to install temporary U.S. attorneys without Senate confirmation, warning the workaround would “effectively permit anyone to fill the U.S. Attorney role indefinitely,” and calling for “clarity and stability”; the decision is the first federal appeals-court ruling to address the broader scheme.
- The challenge was brought by three criminal defendants in New Jersey under the Federal Vacancies Reform Act seeking dismissal of their indictments; U.S. District Judge Matthew Brann ruled in August that Habba had served without lawful authority since early July and ordered her disqualified from ongoing cases (the order was stayed pending appeal).
- Oral arguments in the appeal were held Oct. 20 in Philadelphia, and Habba attended in person.
- On Dec. 8, 2025, Habba announced her resignation as U.S. attorney; Attorney General Pam Bondi accepted the resignation, criticized the 3rd Circuit ruling as making Habba’s position untenable, and said the Justice Department will seek further review and is confident the ruling will be reversed.
- Habba said she will continue serving as Bondi’s senior adviser for U.S. attorneys and posted on X: “Do not mistake compliance for surrender... This decision will not weaken the Justice Department and it will not weaken me.”
- It is unclear who will replace Habba, and the ruling comes amid parallel disputes in other districts (including Nevada and EDVA) over prosecutions tied to unlawfully appointed interim U.S. attorneys.
đź“Š Relevant Data
In the first 10 months of President Biden's presidency, 21 U.S. attorneys were confirmed by the Senate.
List of United States attorneys appointed by Joe Biden — Wikipedia
In the first 10 months of President Trump's first presidency, 20 U.S. attorneys were confirmed by the Senate.
List of United States attorneys appointed by Donald Trump — Wikipedia
At the one-year mark of their presidencies, President Trump had 34 confirmed U.S. attorneys, compared to President Obama's 23.
After one year in office, Trump’s behind on staffing but making steady progress — Brookings Institution
Alina Habba had no experience in criminal law prior to her appointment as U.S. attorney for New Jersey.
Judge Says Habba Has Served as U.S. Attorney Without Legal Authority — The New York Times
Black people represent 38% of unique criminal defendants in New Jersey from 2019 to 2021, despite comprising only 12% of the state's population.
New public database sheds light on who gets arrested in New Jersey — New Jersey Monitor
Black people in New Jersey are incarcerated at a rate of 1,140 per 100,000, compared to 121 per 100,000 for White people, a disparity ratio of 9.4 to 1.
New Jersey profile — Prison Policy Initiative
đź“° Sources (6)
- Habba says she will continue serving as Attorney General Pam Bondi’s senior adviser for U.S. attorneys after resigning.
- Bondi stated DOJ will seek further review of the 3rd Circuit ruling and is confident it will be reversed.
- Habba posted on X: "Do not mistake compliance for surrender... This decision will not weaken the Justice Department and it will not weaken me."
- Axios notes it is unclear who will replace Habba.
- Alina Habba announced Monday that she is resigning as U.S. attorney for the District of New Jersey.
- Attorney General Pam Bondi said she accepted Habba’s resignation.
- Bondi criticized the 3rd Circuit’s ruling, saying it made Habba’s position untenable.
- Judge D. Michael Fisher authored the panel opinion disqualifying Alina Habba.
- Opinion language: the government’s workaround would be 'effectively permitting anyone to fill the U.S. Attorney role indefinitely.'
- Panel composition detail: two judges appointed by Republicans and one by a Democrat.
- The panel composition is identified: Judges D. Brooks Smith, D. Michael Fisher, and Luis Felipe Restrepo.
- The court issued a 32-page opinion including language criticizing the administration’s appointment maneuvers and calling for 'clarity and stability' in the U.S. Attorney’s Office.
- Oral arguments occurred Oct. 20 in Philadelphia and Habba personally attended.
- The lower court’s August order stated Habba’s actions since July could be invalidated but was stayed pending appeal.
- AP notes parallel disputes, including a Nevada disqualification fight and recent dismissals in EDVA tied to an unlawfully appointed interim U.S. attorney.
- The 3rd Circuit’s decision was unanimous against the Trump administration.
- The case was brought by three criminal defendants in New Jersey who challenged Habba’s appointment under the Federal Vacancies Reform Act and sought dismissal of their indictments.
- U.S. District Judge Matthew Brann ruled in August that Habba had been serving without lawful authority since early July and ordered her disqualified from ongoing cases.
- This is the first federal appeals court ruling to weigh in on the administration’s broader scheme for installing temporary U.S. attorneys without Senate confirmation.