type: timeline_event
Alina Habba resigned as acting U.S. attorney for the District of New Jersey on December 8, 2025, one week after the Third Circuit Court of Appeals unanimously ruled her appointment violated the Federal Vacancies Reform Act. The three-judge panel found that Attorney General Pam Bondi unlawfully attempted to circumvent Senate confirmation requirements through a "delegation theory" that would allow anyone to fill U.S. Attorney roles indefinitely. Habba, who served as Trump's personal attorney before her March 2025 interim appointment, immediately became Senior Advisor to Attorney General Bondi for United States Attorneys despite never receiving Senate consideration for her nomination.
The December 1 Third Circuit ruling represented the first appellate review of the Trump administration's appointment strategy for U.S. Attorneys. Senior Judge Michael Fisher wrote for the panel that "this delegation theory would create a means for the Department of Justice to circumvent the FVRA's exclusivity provision, effectively permitting anyone to fill the U.S. Attorney role indefinitely." The court identified three specific violations: Habba could not assume acting duties automatically through her First Assistant appointment, the FVRA's nomination bar prevented her from serving after Trump nominated her for permanent appointment, and the Attorney General lacked authority to delegate full U.S. Attorney powers under the FVRA's exclusivity provision. Judge Fisher emphasized that U.S. Attorneys' offices are "some of the most critical agencies in the Federal Government," requiring Senate-confirmed leadership with substantial experience.
Habba's appointment history exemplifies the administration's systematic attempts to bypass constitutional checks. Trump initially appointed her as interim U.S. attorney on March 24, 2025, just four days after her swearing-in on March 28. When the Senate failed to act on her June 30 nomination before her 120-day interim term expired, a panel of federal judges appointed career prosecutor Desiree Grace as temporary U.S. attorney per federal law. The Justice Department immediately fired Grace, and the administration pursued "a novel series of legal and personnel moves" to restore Habba to the position—actions that federal Judge Matthew Brann ruled unlawful in August 2025. Habba announced her resignation on social media, stating she was stepping down "to protect the stability and integrity of the office which I love" while warning "do not mistake compliance for surrender." Attorney General Bondi indicated the DOJ would "seek further review" of the Third Circuit decision and that Habba "intends to return to lead the U.S. Attorney's Office for the District of New Jersey if this occurs." Similar unlawful appointment challenges have emerged in Virginia, Nevada, and California, revealing a pattern of systematic executive overreach to install loyalists without Senate oversight.