Latest news with #AlinaHabba
New York Times
a day ago
- Politics
- New York Times
N.J. Criminal Cases Screech to a Halt as Habba's Authority Is Challenged
Federal court proceedings throughout New Jersey were abruptly canceled on Monday because of uncertainty over whether Alina Habba had the authority to serve as acting U.S. attorney — a title she was given last week as her interim appointment as the state's top federal prosecutor was about to expire. Pretrial conferences and hearings set for defendants to enter pleas were called off, according to four lawyers who received word that their clients' scheduled court appearances had been canceled. A grand jury that was expected to meet to consider indicting defendants on new criminal charges was put on hold. And a drug trial that was set to start Aug. 4 in Camden, N.J., was moved to Pennsylvania after a lawyer representing one of the defendants filed a motion arguing that Ms. Habba's prosecutorial authority was unconstitutional. 'I've never seen anything like this,' said Maria Noto, a former president of the Association of Criminal Defense Lawyers of New Jersey. 'We're all incredulous.' Ms. Noto said she was notified on Monday that a judge had canceled a hearing for a client who expected to enter a guilty plea later this week. 'It seems as if anyone who had anything scheduled has heard that whatever proceeding they had, had been adjourned with no new date for now,' Ms. Noto said. The confusion and cancellations in New Jersey's courts followed a high-stakes battle last week between the Trump administration and the state's Federal District Court judges over who would lead the U.S. attorney's office. A panel of district judges had selected a veteran New Jersey prosecutor, Desiree L. Grace, to take over after Ms. Habba's term as interim U.S. attorney expired last week, as they are authorized by law to do. But Justice Department officials quickly fired Ms. Grace, a widely respected prosecutor whom Ms. Habba had appointed as her top deputy — creating a vacancy that Ms. Habba herself was named to fill days later. Then, Ms. Habba, as the most senior official in the office, was elevated to the role of acting U.S. attorney for at least the next 210 days. One of the primary legal questions surrounding Ms. Habba's tenure stems from a federal statute that bars candidates from serving as an acting U.S. attorney if they have been nominated to hold the job permanently. Mr. Trump withdrew Ms. Habba's nomination, which was pending before the U.S. Senate, before she was appointed acting U.S. attorney on Thursday, according to a Justice Department spokesman. But legal scholars immediately began questioning whether Ms. Habba, President Trump's former personal lawyer, was disqualified from holding the job because her name had already been submitted for Senate confirmation. The statute states that 'a person may not serve as an acting officer' if the president 'submits a nomination of such person to the Senate for appointment to such office.' 'Withdrawing the nomination doesn't change the fact that it was submitted,' Stephen I. Vladeck, a professor at the Georgetown University Law Center, wrote on social media. Thomas Mirigliano, the lawyer who filed Monday's legal motion challenging Ms. Habba's authority, said the drug trial had been moved out of concern that the murkiness of Ms. Habba's standing might undermine the proceedings. In court, Judge Edward S. Kiel described Ms. Mirigliano's motion as a 'nonfrivolous argument' and indicated that other federal judges were prepared to temporarily halt court proceedings in New Jersey while the matter of Ms. Habba's authority was being considered. 'At this point, as I said, you'll see, generally, that a lot of judges will not be hearing any criminal cases that are of a non-urgent matter,' Judge Kiel said, according to a transcript of the proceeding. He explained that any legal decision-making conducted while Ms. Habba's status was being challenged might unravel if the court grants Mr. Mirigliano's motion, which argues that Ms. Habba was appointed to the job unlawfully through 'irregular procedural maneuvers.' 'Because, for example, if we take a plea today, and that motion is granted, I don't think that the plea colloquy today and what the United States attorney does here in this case would be effective, and we would have to redo all of those things,' Judge Kiel said in a Camden courtroom. A spokesman for New Jersey's federal court system had no immediate comment. Ms. Habba's office did not respond to emails, calls or texts seeking comment. In court, however, the government indicated that it intended to challenge Mr. Mirigliano's motion 'in short order.' Later on Monday, Michael A. Chagares, the chief judge for the U.S. Court of Appeals for the Third Circuit, signed the order moving the drug trial outside the District of New Jersey. The one-sentence order stated that the trial was being moved to the Middle District of Pennsylvania 'in the public interest,' without additional explanation. Margaret A. Wiegand, the circuit executive, said that she had no information beyond the order about the decision, or about whether other cases might be affected. A private electronic message board popular with criminal defense lawyers in New Jersey began filling Monday afternoon with notes about cancellations and questions about whether anyone knew what was going on, according to a half-dozen people familiar with the exchanges. In one message reviewed by The New York Times, an official with the office of the Federal Public Defender in New Jersey, which represents clients who cannot afford legal counsel, wrote that the judges had been advised to delay proceedings until the issue relating to Ms. Habba's authority could be decided 'expeditiously.' Ms. Habba took over as interim U.S. attorney in March after Mr. Trump, on social media, said that he had appointed her to the post 'effective immediately.' The attorney general, Pam Bondi, swore her in several days later. Ms. Habba is one of several of Mr. Trump's former defense lawyers to serve in top Justice Department positions. And she has said that she hoped to use the traditionally nonpartisan position to help elect Republicans and 'turn New Jersey red.' She has since pursued several investigations of prominent Democrats. In May, Ms. Habba, 41, charged Mayor Ras J. Baraka of Newark and Representative LaMonica McIver, both Democrats, after a clash with federal immigration agents outside a Newark detention center the officials were seeking to tour. Ten days later, Ms. Habba moved to drop the trespassing charge Mr. Baraka faced — a sequence of events that led a federal judge to publicly criticize New Jersey's U.S. attorney's office. Mr. Baraka is now suing Ms. Habba for malicious prosecution. Ms. Habba had also directed prosecutors in her office to investigate New Jersey's Democratic governor, Philip D. Murphy, and the state's attorney general, Matthew J. Platkin, over a policy that limits how much help local police can provide federal immigration officers. Jonah E. Bromwich contributed reporting.
Yahoo
a day ago
- Politics
- Yahoo
Chaos over Alina Habba's status at the NJ attorney's office even has defendants confused
A man in New Jersey has claimed that his upcoming criminal trial would be unconstitutional, while Alina Habba is head of the U.S. Attorney's Office, saying she is 'unlawfully' in that role. An attorney for Julien Giraud Jr., who is facing trial August 4 for drug and firearm-related charges, says the case cannot move forward with Habba in charge because his client has the right to be prosecuted 'only by a duly authorized United States Attorney'. The motion is the first of its kind to challenge Habba's swift re-appointment to U.S. Attorney after her nomination fell apart. On Thursday evening, U.S. Attorney General Pam Bondi intervened after New Jersey's district court judges attempted to remove Habba from her temporary post in the state earlier in the week. 'Giraud Jr. has a constitutional right to be prosecuted only by a duly authorized United States Attorney. The illegitimacy of Ms. Habba's appointment undermines Giraud Jr.'s fundamental due process rights,' attorney Thomas Mirigliano, wrote in the legal memorandum filed Sunday. Mirigliano is asking the court to either withdraw the indictment against his client or prevent Habba, or any assistant U.S. attorney under her authority, from prosecuting the case. 'I got the idea over the weekend because my trial was imminent and I thought it was an important issue that needed to be litigated,' Mirigliano told POLITICO. Giraud Jr. is facing two charges, possession and intent to distribute cocaine and fentanyl as well as possession of a firearm in furtherance of a drug trafficking crime. He has pleaded not guilty to both Habba, who served as President Donald Trump's personal lawyer, was named Interim U.S. Attorney for New Jersey in March, a position that she could only hold for 120 days without Senate confirmation. As her expiration date approached, and with no Senate confirmation hearing in sight, the state's judges took matters into their own hands on July 22 and selected First Assistant U.S. Attorney, Desiree Grace, to replace Habba. But the administration swooped in and carried out a legal maneuver that will ultimately allow Habba to remain. Bondi fired Grace while Trump rescinded Habba's nomination and instead named her Acting U.S. Attorney. Under that statute, Habba can remain in charge of the New Jersey attorney's office for at least 210 days. The Independent has asked the White House for comment. Giraud Jr's motion, initially filed with the federal judge overseeing his case in New Jersey, is being handled by a federal judge in Pennsylvania. Habba represented Trump at his New York fraud trial and New York defamation trial brought by E. Jean Carroll. Trump lost both cases.
Yahoo
a day ago
- Politics
- Yahoo
Criminal trial put on hold after defendant challenges Alina Habba's legal authority
President Donald Trump's effort to keep his former defense attorney in charge of the U.S. attorney's office in New Jersey faces a new test after a man facing drug charges filed a motion challenging Alina Habba's authority to prosecute him. A federal judge in New Jersey on Monday put the man's trial on hold and transferred the legal challenge to a judge in the Middle District of Pennsylvania to determine if Habba has the legal authority to continue acting as the United States attorney for the District of New Jersey. Trump named Habba, one of his former personal attorneys, as New Jersey's interim U.S. attorney in March, but after the Senate did not take up her confirmation before the end of her 120-day interim term, a panel of federal judges last Tuesday appointed Assistant U.S. Attorney Desiree Leigh Grace to the permanent U.S. attorney spot. MORE: Habba set to remain as top prosecutor in New Jersey after White House maneuver Just hours later, the Justice Department fired Grace, after which the White House withdrew Habba's nomination in a procedural move to allow her to continue as the acting U.S. attorney for the state. "This Department of Justice does not tolerate rogue judges -- especially when they threaten the President's core Article II powers," Attorney General Pam Bondi said on social media last week after the panel of judges appointed Grace. Thomas Mirigliano, an attorney for Julien Giraud Jr., filed a motion Sunday to dismiss his client's case, arguing that Habba now "holds office unlawfully." Giraud Jr. was charged in 2021 with drug and weapons offenses. He pleaded not guilty and was set to go to trial on Aug. 4. "By circumventing the constitutionally mandated appointment procedures, and encroaching upon judicial powers explicitly granted by statute, the executive branch has exceeded its lawful authority," Mirigliano wrote. "Thus, all subsequent prosecutorial actions taken by Ms. Habba or any Assistant U.S. Attorneys relying on her purported authority lack constitutional legitimacy and must be deemed ultra vires." The legal challenge could have sweeping implications for defendants charged in the District of New Jersey, who may file similar motions to have their cases thrown out based on the lawfulness of Habba's appointment. After a brief conference Monday, U.S. District Judge Edward Kiel put Giraud Jr.'s trial date on hold while the motion moves through the courts. Because the federal bench in New Jersey played a role in replacing Habba, the issue was referred to Chief U.S. District Judge Matthew Brann of the Middle District of Pennsylvania. Mirigliano told ABC News that his decision to challenge Habba's authority was not political, and that his client hopes to defend himself in a fair trial. "I think it's something that, you know, needs to be dealt with in court and litigated," Mirigliano said. The New Jersey Globe was the first to report the legal development. A representative for the U.S. attorney's office in New Jersey did not immediately respond to a request for comment from ABC News.
The Independent
a day ago
- Politics
- The Independent
Chaos over Alina Habba's status at the NJ attorney's office even has defendants confused
A man in New Jersey has claimed that his upcoming criminal trial would be unconstitutional, while Alina Habba is head of the U.S. Attorney's Office, saying she is 'unlawfully' in that role. An attorney for Julien Giraud Jr., who is facing trial August 4 for drug and firearm-related charges, says the case cannot move forward with Habba in charge because his client has the right to be prosecuted 'only by a duly authorized United States Attorney'. The motion is the first of its kind to challenge Habba's swift re-appointment to U.S. Attorney after her nomination fell apart. On Thursday evening, U.S. Attorney General Pam Bondi intervened after New Jersey's district court judges attempted to remove Habba from her temporary post in the state earlier in the week. 'Giraud Jr. has a constitutional right to be prosecuted only by a duly authorized United States Attorney. The illegitimacy of Ms. Habba's appointment undermines Giraud Jr.'s fundamental due process rights,' attorney Thomas Mirigliano, wrote in the legal memorandum filed Sunday. Mirigliano is asking the court to either withdraw the indictment against his client or prevent Habba, or any assistant U.S. attorney under her authority, from prosecuting the case. 'I got the idea over the weekend because my trial was imminent and I thought it was an important issue that needed to be litigated,' Mirigliano told POLITICO. Giraud Jr. is facing two charges, possession and intent to distribute cocaine and fentanyl as well as possession of a firearm in furtherance of a drug trafficking crime. He has pleaded not guilty to both Habba, who served as President Donald Trump 's personal lawyer, was named Interim U.S. Attorney for New Jersey in March, a position that she could only hold for 120 days without Senate confirmation. As her expiration date approached, and with no Senate confirmation hearing in sight, the state's judges took matters into their own hands on July 22 and selected First Assistant U.S. Attorney, Desiree Grace, to replace Habba. But the administration swooped in and carried out a legal maneuver that will ultimately allow Habba to remain. Bondi fired Grace while Trump rescinded Habba's nomination and instead named her Acting U.S. Attorney. Under that statute, Habba can remain in charge of the New Jersey attorney's office for at least 210 days. The Independent has asked the White House for comment. Giraud Jr's motion, initially filed with the federal judge overseeing his case in New Jersey, is being handled by a federal judge in Pennsylvania. Habba represented Trump at his New York fraud trial and New York defamation trial brought by E. Jean Carroll. Trump lost both cases.
Yahoo
a day ago
- Politics
- Yahoo
Another Trump clash with the courts is already spinning out into criminal cases
The clash between the Trump administration and the courts over who is leading the U.S. Attorney's Office in New Jersey is already spilling into criminal cases. A defense attorney is trying to get charges against his client thrown out by arguing the Trump administration illegally maneuvered to keep Alina Habba as the state's top federal prosecutor, despite the expiration of her 120-day tenure. The defense filing, made on Sunday, comes after days of confusion over who is leading the office because of complex and contested rules over filling vacancies. In the motion, on behalf of a defendant in a drug and gun-related case, attorney Thomas Mirigliano said a workaround Trump officials found to keep Habba was 'irregular' and unconstitutional. In a nine-page filing, Mirigliano said his client is 'facing an imminent criminal trial proceeding under questionable legal authority' and asked for the charges to be thrown out or that Habba and her assistants be barred from exercising further prosecutorial powers in the case. The problems for the U.S. Attorney's Office could grow if other defense attorneys open a flood gate of similar motions. Even if Habba eventually prevailed against legal challenges to her authority as acting U.S. Attorney, there could be months of uncertainty over whether the office's criminal cases — some 1,500 a year — could be thrown out or otherwise undermined. Mirigliano argued that Desiree Leigh Grace — a career prosecutor whom New Jersey district court judges picked last week to replace Habba — is the rightful interim U.S. attorney. Grace, a registered Republican, said last week she planned to take the job even after Attorney General Pam Bondi fired her. Then, on Thursday, the Trump administration revealed a multi-step maneuver to keep Habba on the job. Mirigliano said the Trump administration's decision to workaround Grace's appointment represents an 'unconstitutional executive usurpation of judicial authority.' 'I got the idea over the weekend because my trial was imminent and I thought it was an important issue that needed to be litigated,' he said in an interview. Mirigliano told POLITICO that a previously scheduled hearing on Monday was cut short because of the motion, which is now being handed off to another judge. Mirigliano originally filed the motion with U.S. District Judge Edward Kiel, the Biden appointee overseeing the criminal case, but on Monday the 3rd Circuit Court of Appeals transferred the case to Chief Judge Matthew Brann of the Middle District of Pennsylvania in an order that declared 'it is in the public interest to do so.' Brann, based in Williamsport, is an Obama appointee who in 2020 eviscerated President Donald Trump's attempt to throw out millions of votes in the Keystone State, dismissing his campaign's lawsuit with a withering opinion that described a dearth of proof to justify the drastic demand. Presumably, Kiel was among the judges who voted on whether to appoint Grace to replace Habba. Grace's departure is causing other problems for the office. She was the counsel of record in several dozen active criminal and civil cases, according to federal court records. In the past few days, prosecutors asked to delay at least one case — involving a triple homicide — because Grace was the lead prosecutor, according to a Monday filing by a defense attorney. Prosecutors once thought about making it a death penalty case. Now a defense attorney is asking her clients — who are detained pending trial — to be released until the government is ready. The defense attorney who filed the motion, Brooke Barnett, called the delay request a problem of the Department of Justice's own making and suggested top department officials should come handle the case themselves. 'I would invite Alina Habba and Pam Bondi, if they wish, so they can try their case,' Barnett said in an interview. 'It's their doing, it's their political doing.' Judges have not yet commented on the conflict between Grace and Habba. Grace has only publicly commented on LinkedIn and has not said anything about whether she would challenge Habba's control of the office. A spokesperson for Habba declined to comment on the recent legal filing disputing her authority, but last week, Habba said the judges 'preempted and struck out' when they tried to replace her. There's little precedent for a dispute over the rightful U.S. attorney. However, a similar fight erupted in the 1990s — and the courts ruled that criminal cases could advance, even amid the uncertainty. At the time, Puerto Rico's U.S. attorney Guillermo Gil — appointed by judges to an indefinite term that stretched more than six years — faced increasing challenges from defendants who said his appointment was unconstitutional. Despite multiple challenges, only one district judge agreed that Gil had been unlawfully serving in the position. But the 1st Circuit Court of Appeals overturned the ruling, saying that despite the cloud over the U.S. attorney's position, the office could continue to function through the work of assistant U.S. attorneys. That's because those prosecutors derive their authority straight from the attorney general, the court found. 'AUSAs are themselves representatives of the government,' the three-judge panel ruled. 'Because they are appointed directly by the Attorney General … their ability to act does not hinge on the authority of the local United States Attorney.' Solve the daily Crossword
