过了一会儿三个月的战斗关于她的任命的合法性，Alina Habba已经辞去了新泽西州代理联邦检察官的职务。
周一，她在社交媒体上宣布辞去美国检察官一职。她将继续担任“美国司法部长的高级顾问”
辞职发生在一场旷日持久的法律斗争之后，这场斗争的焦点是在没有参议院批准的情况下，她是否可以担任美国检察官的角色。
今年8月，一名联邦法官裁定，她在“没有合法授权”的情况下任职取消她的资格作为新泽西州最高的联邦执法官员。一家联邦上诉法院上周一致支持该决定，司法部尚未对该决定提出上诉。
“由于第三巡回法院的裁决，并为了保护我热爱的办公室的稳定性和完整性，我决定辞去新泽西州联邦检察官的职务，”哈巴在她的声明中说。“但不要把顺从误认为投降。这个决定不会削弱司法部，也不会削弱我。”“在第三巡回法院做出有缺陷的决定，取消Alina Habba在美国新泽西州联邦检察官办公室的职务后，我很难过地接受Alina的辞职。
司法部长帕姆·邦迪在一份声明中说:“在第三巡回法院做出有缺陷的决定，取消Alina Habba在新泽西州联邦检察官办公室的职务后，我很难过地接受Alina的辞职。”“司法部将寻求进一步审查这一决定，我们相信这一决定将被推翻。如果发生这种情况，Alina打算回来领导新泽西地区的美国检察官办公室。
尽管有这些裁决，但在司法部长帕姆·邦迪(Pam Bondi)任命她为“司法部长的特别律师”后，哈巴仍然留任，尽管几位法官推迟了诉讼程序，以考虑她的职位的合法性。
在被任命为美国联邦检察官之前，哈巴曾在唐纳德·特朗普总统的纽约民事欺诈案和诽谤审判中担任他的个人辩护律师。上个月，一家联邦上诉法院维持了对哈巴和川普100万美元的罚款，因为他们对前美国联邦调查局导演詹姆斯·科米和希拉里提起了一场无聊的诉讼。
特朗普政府在全国各地的美国检察官办公室任命特朗普的忠实者为最高检察官的努力面临越来越大的阻力，遭遇了一系列法庭失败，因为法官们担心他们积极无视法律。
上个月，一名法官扔出针对科米和纽约司法部长莱蒂夏·詹姆斯(Letitia James)的两起刑事案件都是在确定前保险律师兼白宫助理林赛·哈利根(Lindsey Halligan)没有起诉经验的情况下，被非法任命领导弗吉尼亚州东区美国检察官办公室。
虽然邦迪此前表示，政府将对这一裁决提出上诉，但截至周一，没有人提出上诉，上周，一个大陪审团拒绝努力重新起诉詹姆斯。
弗吉尼亚州东区的法官越来越多地表示担心，政府似乎无视取消哈利根资格的命令，继续在法律文件中包括她的签名和头衔。
周一上午，司法部长邦迪和副总检察长托德·布兰奇发表了一份联合声明，抨击法官质疑哈利根在该角色中的合法性，并指责他们“参与了一场不合理的偏见和敌意运动。”
“林赛和我们的律师只是在做他们的工作:支持司法部的立场，同时遵循法律顾问办公室的指导，”声明说。“他们不应该因为代表客户进行道德宣传而在法庭上受到质疑。司法部不能容忍不民主的司法活动。”
Alina Habba resigns as New Jersey US attorney after appeals court defeat
After athree-month battleover the legality of her appointment, Alina Habba has resigned from her position as the Acting U.S. attorney for the District of New Jersey.
She announced her resignation as U.S. attorney in a social media post on Monday. She will remain serving as "Senior Adviser to the Attorney General for U.S. Attorneys."
The resignation comes after a protracted legal fight about whether she could serve in the U.S. attorney role without Senate confirmation.
In August, a federal judge ruled that she was serving in the position "without lawful authority" anddisqualified heras New Jersey's top federal law enforcement officer.A federal appeals court unanimously upheld that decision last week, and the Department of Justice has not appealed that decision.
"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 the U.S. Attorney for the District of New Jersey," Habba said in her statement. "But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me."“Following the flawed Third Circuit decision disqualifying Alina Habba from performing her duties in the U.S. Attorney's office for the District of New Jersey, I am saddened to accept Alina's resignation.
“Following the flawed Third Circuit decision disqualifying Alina Habba from performing her duties in the U.S. Attorney's office for the District of New Jersey, I am saddened to accept Alina's resignation," Attorney General Pam Bondi said in a statement. "The Department of Justice will seek further review of this 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."
Despite the rulings, Habba remained in the position after Attorney General Pam Bondi named her a "Special Attorney to the Attorney General," though several judges delayed proceedings to consider the legality of her position.
Before she was appointed as U.S. attorney, Habba served as a personal defense attorney for President Donald Trump in his New York civil fraud case and defamation trials. Last month, a federal appeals court upheld a $1 million penalty against Habba and Trump for bringing a frivolous lawsuit against former FBI Director James Comey and Hillary Clinton.
The Trump administration has faced growing headwinds over its efforts to install Trump loyalists as top prosecutors in U.S. attorneys' offices across the country, suffering a string of court defeats as judges raise concerns they're actively disregarding the law.
Last month, a judgethrew outboth criminal cases against Comey and New York Attorney General Letitia James after determining that Lindsey Halligan, a former insurance lawyer and White House aide with no prosecutorial experience, was unlawfully appointed to lead the Eastern District of Virginia U.S. Attorney's Office.
While Bondi previously said the administration would appeal that ruling, as of Monday, no appeal has been filed, and last week, a grand juryrejected an effortby the administration to revive its case against James.
A growing chorus of judges for the Eastern District of Virginia has raised concerns that the administration appears to be defying the order that disqualified Halligan by continuing to include her signature and title on legal filings.
On Monday morning, Attorney General Bondi and Deputy Attorney General Todd Blanche issued a joint statement attacking judges for questioning Halligan's legitimacy in the role, and accused them of "engaging in an unconscionable campaign of bias and hostility."
"Lindsey and our attorneys are simply doing their jobs: advocating for the Department of Justice's positions while following guidance from the Office of Legal Counsel," the statement said. "They do not deserve to have their reputations questioned in court for ethically advocating on behalf of their client. This Department of Justice has no tolerance for undemocratic judicial activism."
