HOUSTON, United States

Alina Habba, a former personal attorney for US President Donald Trump, resigned Monday from her position as the top federal prosecutor in the state of New Jersey after an appeals court ruled last week that she was serving in the position "without lawful authority," according to local media reports.

Habba was a legal spokesperson and adviser for Trump on the 2024 campaign trail. Despite resigning from her post, she will remain with the Department of Justice as a senior adviser to US Attorney General Pam Bondi for US attorneys.

"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 a statement posted on the US social media company X’s platform.

"But do not mistake compliance for surrender," she continued. "This decision will not weaken the Justice Department and it will not weaken me."

A lower court ruled in August that Habba was not legally serving in the position and that she must be disqualified because her appointment was not approved by the US Senate.

The Third Circuit Court of Appeals unanimously upheld that decision last week, and the Department of Justice did not immediately appeal the ruling, leading Habba to announce her resignation.

"That's horrible. It's a horrible thing," Trump said from a White House meeting on Monday. "It makes it impossible to appoint a judge or US attorney, and it's a shame, and the Republicans should be ashamed of themselves, that they allow this to go on because I can't appoint a US attorney that's not a Democrat, because they put a block on it."

"This is a gentleman's agreement that's lasted for too long, and it doesn't make it, especially in light of what's going on today. It means you can't appoint a Republican, US attorney," he added.

Bondi said in a statement that she disagreed with the appeals court's ruling.

"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," she said.

"The Department of Justice will seek further review of this decision, and we are confident it will be reversed," Bondi continued. "Alina intends to return to lead the U.S. Attorney's Office for the District of New Jersey if this occurs."