Acting U.S. Attorney Alina Habba submitted her resignation on Monday after a federal appeals court deemed her appointment invalid. The U.S. Court of Appeals for the Third Circuit unanimously found that Habba's legal authority as acting U.S. Attorney for New Jersey had expired and that her continuation in the role beyond July 1 was without legal power. This determination could potentially cast doubt on the validity of indictments, prosecutions, and other legal actions taken by her office after the specified date.
In a public statement, Alina Habba announced her decision to resign, emphasizing her intention to preserve the "stability and integrity" of the attorney's office. Despite stepping down from her current position, Habba will continue to serve within the Justice Department as a senior advisor.
The events leading to this development began when Habba's interim term, granted under the Federal Vacancies Reform Act, lapsed after 120 days. Following the expiration of her term, district judges appointed Desiree Leigh Grace as the interim leader of the office. However, after a brief interlude, Grace was dismissed, and Habba was reinstalled, an action now ruled unlawful by the Third Circuit.
This episode has triggered a legal ripple effect, with defense attorneys preparing to challenge cases from Newark and Camden. Prosecutors expect minor disruptions, but the potential exists for extensive litigation, complicating the administration's efforts to maintain continuity within the Justice Department.
The controversy surrounding Habba's appointment and subsequent resignation extends beyond New Jersey. The administration has faced challenges appointing officials to key law-and-order positions across the country, with similar legal disputes arising in Virginia and Nevada. The Third Circuit ruling indicates that federal courts are willing to assertively enforce statutory limits on interim appointments.
Alina Habba, before her tenure as acting U.S. Attorney, was known for representing President Donald Trump in civil fraud and defamation cases. Her advocacy for the President made her a focal point of political discussion. In her parting words, she reaffirmed her dedication to both New Jersey and the current administration, stating, "Make no mistake, you can take the girl out of New Jersey, but you cannot take New Jersey out of the girl."
