Court disqualifies Trump ally Haba as New Jersey federal prosecutor
In a ruling reprimanding Donald Trump, a federal appeals court has disqualified Alina Haba, the president’s former personal lawyer, from supervising cases.
WASHINGTON – Alina Haba announced she is resigning as New Jersey’s acting U.S. attorney after a federal appeals court ruled last week that she illegally served as the state’s top federal prosecutor.
Haba, President Donald Trump’s former personal attorney, announced his decision in a Dec. 8 post about X.
“Following the Third Circuit’s decision, I have decided to resign in order to protect the stability and integrity of the office I love,” Haba said in a statement. “But do not confuse submission with surrender. This decision does not weaken the Department of Justice, and it does not weaken me.”
The Third Circuit Court of Appeals upheld U.S. District Judge Matthew Brann’s August ruling that the Trump administration violated federal appointment law by appointing Haba as New Jersey’s acting attorney. Bran disqualified Haba from participating in the ongoing case.
Haba’s resignation is the latest blow to President Trump and the Justice Department, which is trying to install a champion to oversee major U.S. prosecutor’s offices across the country. Haba’s appointment was challenged by several criminal defendants in New Jersey.
Attorney General Pam Bondi said in a written statement that it was “unfortunate that Mr. Arena has accepted his resignation” following the “flawed” decision by the Court of Appeals.
“The court’s rulings have made it impossible for her to maintain her office effectively, including suspending trials aimed at bringing criminals to justice by politicized judges,” Bondi said in a statement, adding that Haba’s resignation is “particularly disappointing given Alina’s strong track record during her tenure.” She believes Hava has helped reduce crime in Camden and Newark, New Jersey.
Bondi said the Justice Department was seeking “further review” of the decision and expressed confidence that it would be overturned. The attorney general said that if such a situation were to arise, Mr. Haba would return to his duties as federal prosecutor for New Jersey. In the meantime, Bondi said Haba will continue to serve as a senior adviser to the attorney general at the U.S. Department of Justice.
Mr. Haba’s resignation came after a federal judge ruled in November that Mr. Bondi had illegally tried to install another former Mr. Trump personal lawyer, Lindsey Harrigan, as head of the U.S. attorney’s office for the Eastern District of Virginia.
The ruling invalidated charges against former FBI Director James Comey and New York State Attorney General Letitia James, who had criticized the president. Bondi has vowed to appeal Harrigan’s ruling.
What was wrong with Mr. Haba’s appointment?
In Haba’s case, President Trump nominated her as New Jersey’s interim U.S. attorney in March, then appointed her permanent to the position on June 30. But a permanent nomination would require Senate confirmation, which Mr. Haba did not receive.
On July 22, a panel of judges declined to appoint Mr. Hubba as permanent chief as his 120-day interim appointment expired. The justices ruled that Desiree Grace, New Jersey’s first assistant U.S. attorney, will become interim U.S. attorney after Haba’s term expires, under a law that authorizes judges to fill vacancies after their 120-day terms expire.
In response, the Trump administration fired Grace, withdrew Haba’s nomination in the Senate, and appointed Haba as first assistant U.S. attorney for New Jersey. Justice Department lawyers argued that this meant Haba would automatically become acting U.S. attorney. The administration also appointed Mr. Hubba as special counsel with the powers of U.S. attorney as a second path to achieving his appointment.
However, the Third Circuit ruled that Mr. Haba could not automatically become acting U.S. attorney because he was appointed as first assistant U.S. attorney after the position became vacant, rather than before it became vacant.
This story has been updated to add new information.
X Contact Joey Garrison at @joeygarrison.
