Habba Defies Senate, Ousted by Court in Explosive DOJ Showdown

Paul Riverbank, 12/10/2025A federal court ousts Alina Habba as New Jersey’s U.S. attorney, spotlighting fierce battles over appointment powers, Senate oversight, and the politicized process shaping America’s top law enforcement roles.

On a muggy morning last week, a federal appeals court drew a firm line in the sand. Their message was unambiguous: the Trump administration had overstepped by tapping Habba for the role without the Senate’s blessing. The system, the judges made clear, wasn’t designed for sleight of hand appointments. “Where a vacancy exists, Congress has shown a strong preference that an acting officer be someone with a breadth of experience to properly lead the office,” Judge D. Michael Fisher wrote with characteristic reserve. The entire episode, as some have noted, felt reminiscent of old Washington showdowns, where rules meet raw ambition.

So ended the weeks-long legal standoff—at least for the time being. Habba bowed out, declaring her intent to keep fighting, and suggested with a hint of irony that every resignation is really just a new beginning. “To protect the stability and integrity of the office which I love,” she stated, resigning with a steely vow not to mistake “compliance for surrender.” She didn’t mince words: her fight would now go national, as she transitions into an advisory post to Attorney General Pam Bondi. Habba’s next act, it seems, will involve overseeing U.S. attorneys well beyond New Jersey’s borders.

For those outside the legal trenches, the specifics might seem arcane—a battle over who gets to name top federal lawyers. But underneath, it’s a struggle over an old and stubborn American question: how much say should senators have in appointments? This time, the blue slip tradition was at the center of the storm, with Senators Cory Booker and Andy Kim, both New Jersey Democrats, refusing to endorse Habba’s nomination. The refusal all but doomed her chances from the outset. In a pointed retort to her critics, Habba wrote, “What these obstructionists misunderstood is that my loyalty is not to politics, a title, or a ZIP code. It is to this great country.”

Meanwhile, President Trump, never one to shy away from a headline or a fight, was indignant. “It’s a horrible thing. It makes it impossible to appoint a judge or a U.S. attorney,” he fumed, in an unmistakably direct style, blaming the blue slip process for stalled nominations and urging Republican lawmakers to challenge the tradition.

Attorney General Bondi echoed Trump’s frustration and made no secret of her disappointment, indicating the Justice Department would seek further review of the court’s decision, and holding out the possibility that Habba might yet return if fortunes turned in their favor.

But it wasn’t just political friction feeding the controversy. Critics, some of them within the legal community, raised concerns over Habba’s credentials. Her time as Trump’s personal counsel and experience primarily in state courts, with a conspicuous absence of prosecutorial work, became fuel for debate. Habba, never short of a rejoinder, pointed to plunging crime statistics in the state. “Crime is down in New Jersey, almost 40%. Camden has had its first summer without a murder in 50 years and you can’t get behind me, that means you are just being political,” she asserted, statistics at the ready.

With Habba gone, at least for now, New Jersey’s federal legal landscape enters a kind of interregnum. The docket doesn’t wait for political drama to resolve, so three different Justice Department attorneys—Philip Lamparello, Jordan Fox, and Ari Fontecchio—will be dividing up the responsibilities. Each will oversee different aspects: criminal cases, civil and appeals matters, and administration, respectively. It’s a patchwork solution but hardly unprecedented for the region, which has seen no small share of leadership shakeups.

There’s a larger narrative thread running through all this. Habba isn’t the only Trump pick to run afoul of the courts in recent months; appointments in Virginia, Nevada, and California have faced similar legal headwinds. Supporters argue the judiciary is overreaching, while critics insist on sticking to the letter of the law, no matter the political cost. If nothing else, it’s a vivid reminder: in Washington, the process is always as political as the outcome.

Amid all this, Habba remains characteristically undaunted. In her parting salvo—more declaration than eulogy—she insisted, “This decision will not weaken the Justice Department and it will not weaken me.” Whether that steadfastness translates into a return to office—or only more legal wrangling—remains to be seen.

For now, the office presses on, as any institution must, riding out another turn in the perennial tug-of-war between law, politics, and the ever-elusive promise of impartial justice.

It started with a ruling, but the fallout has been anything but tidy. Alina Habba, once serving—if only briefly—as acting U.S. attorney for New Jersey, found herself caught in the crosshairs of a legal and political fight that now stretches well beyond the borders of the Garden State.On a muggy morning last week, a federal appeals court drew a firm line in the sand. Their message was unambiguous: the Trump administration had overstepped by tapping Habba for the role without the Senate’s blessing. The system, the judges made clear, wasn’t designed for sleight of hand appointments. “Where a vacancy exists, Congress has shown a strong preference that an acting officer be someone with a breadth of experience to properly lead the office,” Judge D. Michael Fisher wrote with characteristic reserve. The entire episode, as some have noted, felt reminiscent of old Washington showdowns, where rules meet raw ambition.So ended the weeks-long legal standoff—at least for the time being. Habba bowed out, declaring her intent to keep fighting, and suggested with a hint of irony that every resignation is really just a new beginning. “To protect the stability and integrity of the office which I love,” she stated, resigning with a steely vow not to mistake “compliance for surrender.” She didn’t mince words: her fight would now go national, as she transitions into an advisory post to Attorney General Pam Bondi. Habba’s next act, it seems, will involve overseeing U.S. attorneys well beyond New Jersey’s borders.For those outside the legal trenches, the specifics might seem arcane—a battle over who gets to name top federal lawyers. But underneath, it’s a struggle over an old and stubborn American question: how much say should senators have in appointments? This time, the blue slip tradition was at the center of the storm, with Senators Cory Booker and Andy Kim, both New Jersey Democrats, refusing to endorse Habba’s nomination. The refusal all but doomed her chances from the outset. In a pointed retort to her critics, Habba wrote, “What these obstructionists misunderstood is that my loyalty is not to politics, a title, or a ZIP code. It is to this great country.”Meanwhile, President Trump, never one to shy away from a headline or a fight, was indignant. “It’s a horrible thing. It makes it impossible to appoint a judge or a U.S. attorney,” he fumed, in an unmistakably direct style, blaming the blue slip process for stalled nominations and urging Republican lawmakers to challenge the tradition.Attorney General Bondi echoed Trump’s frustration and made no secret of her disappointment, indicating the Justice Department would seek further review of the court’s decision, and holding out the possibility that Habba might yet return if fortunes turned in their favor.But it wasn’t just political friction feeding the controversy. Critics, some of them within the legal community, raised concerns over Habba’s credentials. Her time as Trump’s personal counsel and experience primarily in state courts, with a conspicuous absence of prosecutorial work, became fuel for debate. Habba, never short of a rejoinder, pointed to plunging crime statistics in the state. “Crime is down in New Jersey, almost 40%. Camden has had its first summer without a murder in 50 years and you can’t get behind me, that means you are just being political,” she asserted, statistics at the ready.With Habba gone, at least for now, New Jersey’s federal legal landscape enters a kind of interregnum. The docket doesn’t wait for political drama to resolve, so three different Justice Department attorneys—Philip Lamparello, Jordan Fox, and Ari Fontecchio—will be dividing up the responsibilities. Each will oversee different aspects: criminal cases, civil and appeals matters, and administration, respectively. It’s a patchwork solution but hardly unprecedented for the region, which has seen no small share of leadership shakeups.There’s a larger narrative thread running through all this. Habba isn’t the only Trump pick to run afoul of the courts in recent months; appointments in Virginia, Nevada, and California have faced similar legal headwinds. Supporters argue the judiciary is overreaching, while critics insist on sticking to the letter of the law, no matter the political cost. If nothing else, it’s a vivid reminder: in Washington, the process is always as political as the outcome.Amid all this, Habba remains characteristically undaunted. In her parting salvo—more declaration than eulogy—she insisted, “This decision will not weaken the Justice Department and it will not weaken me.” Whether that steadfastness translates into a return to office—or only more legal wrangling—remains to be seen.For now, the office presses on, as any institution must, riding out another turn in the perennial tug-of-war between law, politics, and the ever-elusive promise of impartial justice.