Last week the 3rd Circuit Court of Appeals upheld a lower court ruling which said Alina Habba’s tenure as New Jersey’s US Attorney was unlawful.
“It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place,” Circuit Judge D. Michael Fisher wrote in the appellate ruling.
That ruling came after a series of moves designed to keep Habba in office past the end of her interim appointment.
Habba could only legally serve as an interim prosecutor for a limited time under the Federal Vacancies Reform Act. As that deadline neared, the Trump administration took a number of steps to keep Habba in the role.
The DOJ fired Desiree Grace, who was set to become interim U.S. attorney for the district after Habba’s scheduled departure. Trump then withdrew Habba’s nomination, and Bondi appointed her as both “Special Attorney” to the attorney general and the First Assistant U.S. attorney, aiming to elevate her automatically to acting U.S. attorney.
But the appeals court panel ruled Monday that those actions failed to comply with the provisions of the FVRA.
Again, that was one week ago and the question was what the Trump administration would do next. Today, Habba announced she was stepping down.
— Alina Habba (@AlinaHabba) December 8, 2025
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 in my role as U.S. Attorney for the for the District of New Jersey. But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.
Habba won’t be leaving the Trump administration. Instead, she’s getting a promotion of sorts according to AG Pam Bondi.
— Attorney General Pamela Bondi (@AGPamBondi) December 8, 2025
The court’s ruling has made it untenable for her to effectively run her office, with politicized judges pausing trials designed to bring violent criminals to justice. These judges should not be able to countermand the President’s choice of attorneys entrusted with carrying out the executive branch’s core responsibility of prosecuting crime…
The Department of Justice will see further review of the decision, and we are confident it will be reversed. Alina intends to return to lead the U.S. Attorney’s Office for the District of New Jersey if this occurs.
In the meantime, Alina will be continuing with the Department of Justice as Senior Advisor to the Attorney General for U.S. Attorneys, helping drive the fight against violent crime nationwide.
AG Bondi also issued a press release outlining who will take over the New Jersey office.
- Philip Lamparello will serve as Senior Counsel and is authorized to supervise or conduct the work of the district’s Criminal Division and Special Prosecutions Division, including such work in the district’s branch offices;
- Jordan Fox will serve as Special Attorney and is authorized to supervise or conduct the work of the district’s Civil Division and Appellate Division, including such work in the district’s branch offices, along with any other matters arising within the district not specifically delegated herein; and
- Ari Fontecchio will serve as Executive Assistant United States Attorney and is authorized to supervise or conduct the work of the district’s Administrative Division, along with any other administrative matters arising within the district.
So that’s it for now. We’ll have to see if the DOJ appeals last week’s decision and, if so, how that turns out. Maybe at some point they’ll get a decision in their favor but for now Alina Habba is going to be working directly for Pam Bondi as an advisor.
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