Latest news with #Habba
CNN
6 hours ago
- Politics
- CNN
Habba is confident she'll be the top US attorney in New Jersey, but it's chaos in the meantime
Federal criminal cases in New Jersey remain in chaos with judges postponing sentencings, plea hearings and status conferences this week as questions swirl about the authority of former Donald Trump lawyer Alina Habba to serve as the acting US attorney. It's not clear how long the pause in activity will last. 'Right now in the District of New Jersey there are bail hearings happening and initial appearances, but otherwise the practice of criminal law is at a standstill,' said a criminal defense lawyer who practices in the state. 'You can't have that happen.' The issue is currently playing out in a drug case, where a lawyer is attempting to have charges dismissed based on the argument that Habba is not serving legally. A federal judge from Pennsylvania, who was transferred the case to hear the arguments, said Tuesday he will first decide whether the defendants, Julien Giraud Jr. and Julien Giraud III, are entitled to any benefit – including the dismissal of his indictment – even if Habba was appointed illegally. The judge said he will only decide the issue of whether Habba is appointed lawfully if necessary. Judge Matthew Brann said the Justice Department provided 'persuasive authority' that even if Habba was appointed illegally that the case should proceed. The Justice Department argued the indictment was handed up last year under a Senate-approved US attorney and authority is conferred to prosecutors on the case through the attorney general. 'It may be the case that determining what relief is available to the Girauds is inextricably bound up with the extent of the statutory or constitutional violation, if any, thereby rendering consideration of the merits question necessary in any event,' said Brann, the chief judge for the Middle District of Pennsylvania, in an order Tuesday. Habba told CNN, 'I am confident we will win any and all attempts to thwart the well established Article II powers of the Executive Branch and the President of the United States.' The tug of war over whether Habba is legally the acting US attorney in New Jersey comes as the White House has faced difficulty getting its picks for US attorney positions through Congress or adopted by federal judges. The fallout in New Jersey could foreshadow potential challenges in other districts, which could have broader implications on the criminal justice system. The broad near-term impact was referenced by the New Jersey judge overseeing the Giruads' case, before it was transferred to Pennsylvania. 'I don't know ultimately how it's going to end up; but that motion, depending on how it's resolved, may affect how this case is going to proceed. And as a result of that, I think you'll soon find out that other judges are going to stay whatever criminal matters there are pending,' Judge Edward Kiel said during a hearing on Monday when he postponed the trial, according to a transcript of the proceeding. Kiel said decisions made now, such as plea agreements, may need to be redone in the future if the US attorney is invalidated. Plea hearings scheduled for this week were postponed with no future date, according to several lawyers and court dockets. Sentencing in other cases were also postponed. The federal public defender's office in New Jersey is urging the judge to rule narrowly on the issues before him in the Giruads' case. In a letter Tuesday, the defenders' office noted the potential ramifications of the ruling, adding there are other circumstances that could warrant further legal briefing, such as indictments, grand jury subpoenas and other documents that are signed by Habba. 'Because that is a separate question that is not raised by the facts of this case and has not been fully briefed, I respectfully request that the Court not address it at this time,' wrote K. Anthony Thomas, the federal public defender in the state. It's unclear whether other defendants will challenge Habba's authority. Habba was first appointed by Trump as interim US attorney in March, a position that expired at 120 days. Habba selected as First Assistant US Attorney Desiree Grace, a well-respected prosecutor in the office. The district court in New Jersey earlier this month declined to appoint Habba US attorney and instead elected Grace to serve as US attorney. Attorney General Pam Bondi fired Grace and Habba resigned her position. Bondi appointed Habba as a special attorney and designated her as the first assistant US attorney, effectively making her acting US attorney again. The Justice Department argues Habba's appointment is valid under the Federal Vacancies Reform Act and other executive powers. 'Whether or not Ms. Habba technically qualifies as Acting United States Attorney, the Attorney General has validly delegated to her the authority to supervise all pending prosecutions and other matters in the USAO-NJ, subject in turn to the supervision by the Attorney General and Deputy Attorney General, both of whom are Senate-confirmed,' the Justice Department wrote in a court filing Tuesday. 'The FVRA therefore permits her to 'perform the functions and duties of the office' of United States Attorney 'in an acting capacity' for as long as she serves as First Assistant, until the statutory time limits expire or a permanent officeholder is nominated and confirmed.' Lawyers say whether the uncertainty helps or hurts clients is a case-by-case matter but for now it's causing chaos. One attorney, who did not want to be identified, said everyone is trying to figure out what to do. 'I think right now they're building the plane as they're flying it,' the attorney said.
CNN
16 hours ago
- Politics
- CNN
Habba is confident she'll be the top US attorney in New Jersey, but it's chaos in the meantime
Federal criminal cases in New Jersey remain in chaos with judges postponing sentencings, plea hearings and status conferences this week as questions swirl about the authority of former Donald Trump lawyer Alina Habba to serve as the acting US attorney. It's not clear how long the pause in activity will last. 'Right now in the District of New Jersey there are bail hearings happening and initial appearances, but otherwise the practice of criminal law is at a standstill,' said a criminal defense lawyer who practices in the state. 'You can't have that happen.' The issue is currently playing out in a drug case, where a lawyer is attempting to have charges dismissed based on the argument that Habba is not serving legally. A federal judge from Pennsylvania, who was transferred the case to hear the arguments, said Tuesday he will first decide whether the defendants, Julien Giraud Jr. and Julien Giraud III, are entitled to any benefit – including the dismissal of his indictment – even if Habba was appointed illegally. The judge said he will only decide the issue of whether Habba is appointed lawfully if necessary. Judge Matthew Brann said the Justice Department provided 'persuasive authority' that even if Habba was appointed illegally that the case should proceed. The Justice Department argued the indictment was handed up last year under a Senate-approved US attorney and authority is conferred to prosecutors on the case through the attorney general. 'It may be the case that determining what relief is available to the Girauds is inextricably bound up with the extent of the statutory or constitutional violation, if any, thereby rendering consideration of the merits question necessary in any event,' said Brann, the chief judge for the Middle District of Pennsylvania, in an order Tuesday. Habba told CNN, 'I am confident we will win any and all attempts to thwart the well established Article II powers of the Executive Branch and the President of the United States.' The tug of war over whether Habba is legally the acting US attorney in New Jersey comes as the White House has faced difficulty getting its picks for US attorney positions through Congress or adopted by federal judges. The fallout in New Jersey could foreshadow potential challenges in other districts, which could have broader implications on the criminal justice system. The broad near-term impact was referenced by the New Jersey judge overseeing the Giruads' case, before it was transferred to Pennsylvania. 'I don't know ultimately how it's going to end up; but that motion, depending on how it's resolved, may affect how this case is going to proceed. And as a result of that, I think you'll soon find out that other judges are going to stay whatever criminal matters there are pending,' Judge Edward Kiel said during a hearing on Monday when he postponed the trial, according to a transcript of the proceeding. Kiel said decisions made now, such as plea agreements, may need to be redone in the future if the US attorney is invalidated. Plea hearings scheduled for this week were postponed with no future date, according to several lawyers and court dockets. Sentencing in other cases were also postponed. The federal public defender's office in New Jersey is urging the judge to rule narrowly on the issues before him in the Giruads' case. In a letter Tuesday, the defenders' office noted the potential ramifications of the ruling, adding there are other circumstances that could warrant further legal briefing, such as indictments, grand jury subpoenas and other documents that are signed by Habba. 'Because that is a separate question that is not raised by the facts of this case and has not been fully briefed, I respectfully request that the Court not address it at this time,' wrote K. Anthony Thomas, the federal public defender in the state. It's unclear whether other defendants will challenge Habba's authority. Habba was first appointed by Trump as interim US attorney in March, a position that expired at 120 days. Habba selected as First Assistant US Attorney Desiree Grace, a well-respected prosecutor in the office. The district court in New Jersey earlier this month declined to appoint Habba US attorney and instead elected Grace to serve as US attorney. Attorney General Pam Bondi fired Grace and Habba resigned her position. Bondi appointed Habba as a special attorney and designated her as the first assistant US attorney, effectively making her acting US attorney again. The Justice Department argues Habba's appointment is valid under the Federal Vacancies Reform Act and other executive powers. 'Whether or not Ms. Habba technically qualifies as Acting United States Attorney, the Attorney General has validly delegated to her the authority to supervise all pending prosecutions and other matters in the USAO-NJ, subject in turn to the supervision by the Attorney General and Deputy Attorney General, both of whom are Senate-confirmed,' the Justice Department wrote in a court filing Tuesday. 'The FVRA therefore permits her to 'perform the functions and duties of the office' of United States Attorney 'in an acting capacity' for as long as she serves as First Assistant, until the statutory time limits expire or a permanent officeholder is nominated and confirmed.' Lawyers say whether the uncertainty helps or hurts clients is a case-by-case matter but for now it's causing chaos. One attorney, who did not want to be identified, said everyone is trying to figure out what to do. 'I think right now they're building the plane as they're flying it,' the attorney said.
Washington Post
16 hours ago
- Politics
- Washington Post
Alina Habba's future as New Jersey's top federal prosecutor faces legal test
President Donald Trump's effort to keep Alina Habba in charge of the U.S. attorney's office in New Jersey is facing a legal challenge that could influence his ability to extend terms for some of his other controversial picks to lead prosecutor's offices across the country. Defendants in a drug and gun case set to go to trial in New Jersey this week are urging a federal court to toss the charges, arguing that Habba, a former Trump defense lawyer, has no legal standing to exercise prosecutorial powers. 'The executive branch has exceeded its lawful authority,' defense lawyer Thomas Mirigliano wrote in a court filing. 'Thus, all subsequent prosecutorial actions taken by Ms. Habba or any assistant U.S. attorneys relying on her purported authority lack constitutional legitimacy.' A judge who briefly considered the matter Monday called that argument 'nonfrivolous' before the issue was transferred to a judge in Pennsylvania who will now rule on the merits of Mirigliano's filing. Trump appointed Habba, whom the state's Democratic senators have panned as a 'partisan warrior,' to a 120-day term as New Jersey's interim U.S. attorney this year. With that tenure having expired last week, the state's federal judges voted not to renew her appointment and chose Desiree Leigh Grace, a veteran prosecutor from the office, to replace her. The Justice Department quickly fired Grace, and Trump administration officials deployed a complex series of procedural moves that it maintains will allow Habba to remain on the job indefinitely. Those steps included Habba resigning as interim U.S. attorney before the official expiration of her term on Saturday, and the president withdrawing her pending nomination for a full four years as the Senate-confirmed U.S. attorney. Attorney General Pam Bondi then appointed Habba to the No. 2 job in the New Jersey office — a role the Justice Department maintains will allow Habba to continue serving as its de facto leader since no one is currently appointed to fill the office's top position. Experts have questioned the legality of those unconventional maneuvers and whether Habba still holds the authority to act as the Garden State's top prosecutor. But Bondi and others have accused New Jersey's federal judges, many of whom were appointed by Presidents Barack Obama and Joe Biden, of working to frustrate Trump's agenda. Mirigliano — a lawyer for Julien Giraud Jr., one of the defendants contesting the charges on grounds that Habba 'holds office unlawfully' — argued that 'the illegitimacy of Habba's appointment' undermines his client's due process rights. U.S. District Judge Edward S. Kiel described Mirigliano's gambit as a 'nonfrivolous argument' and suggested during a brief court hearing Monday that other federal judges in New Jersey might be preparing to pause proceedings in other criminal cases as they wait for questions over Habba's legal authority to be settled. Until then, the issue threatens to cast much of the work of that U.S. attorney's office into doubt. Hours after Mirigliano's motion, Michael A. Chagares, the chief judge of the U.S. Court of Appeals for the Third Circuit, transferred the matter to a federal judge in Pennsylvania to sort out, apparently because New Jersey's federal bench had already voted against extending Habba's term. That new judge, U.S. District Judge Matthew Brann, huddled with lawyers on both sides Tuesday to review how to handle the matter. Brann — a former Republican Party official, member of the conservative Federalist Society and an Obama appointee — gained notoriety in 2020 with a withering dismissal of Trump's efforts to overturn the results of the election in Pennsylvania that year. In court filings Tuesday, the Justice Department insisted on the legality of the president's effort to keep Habba on the job and said Trump intended to immediately fire Grace, the judge's pick, even if she'd assumed the role of U.S. attorney. 'Ultimately, the President has both constitutional and statutory authority to remove from office any U.S. attorney — whether appointed by the President, the Attorney General, or the courts --- and to replace that person … with someone he believes better suited to fulfill that role,' government lawyers wrote. They maintained that even if Brann disagrees, Giraud's case — and countless others pending in New Jersey — could still move forward because they were launched by Senate-confirmed U.S. attorneys in prior administrations. That still would not address the status of any charges Habba's office has brought since the legality of her position was called into doubt. A review of federal court dockets since Saturday, when Habba's interim term officially expired, showed prosecutors had filed cases against at least three new defendants on charges including bank fraud and fraudulent possession of a government ID. K. Anthony Thomas, the chief federal public defender in New Jersey, urged Brann in a separate filing Tuesday to consider what would become of those cases and others that Habba's office will continue to bring separately from the issue now being raised by Giraud. 'It is critical that the court decide these issues as they are presented by the facts of each case,' Thomas wrote, noting the 'complexity and importance of the legal issues involved.' Brann has sought further briefing on the matter and has not yet indicated whether he will hold a hearing before ruling on Giraud's motion to dismiss his case. The Justice Department has deployed maneuvers similar to those used to keep Habba on behalf of at least two of Trump's other controversial appointments as interim U.S. attorneys — John E. Sarcone III, in the Albany-based Northern District of New York, and Sigal Chattah, in the District of Nevada. Unlike Habba, neither of them had been nominated by Trump for a full, four-year term in their posts. That could be due in part to headwinds working against them in the Senate. Sen. Chuck Grassley (R-Iowa), chair of the Senate Judiciary Committee, has said he intends to continue to honor a custom, known as the 'blue slip,' that allows either of a state's two senators to block the president's nominees for judicial or U.S. attorney roles. New Jersey's senators — Cory Booker and Andy Kim, both Democrats — opposed Habba's nomination. And Sen. Catherine Cortez Masto (D-Nevada) has made clear she would oppose Chattah were she to be nominated. Trump urged Grassley to reconsider in a post to social media Tuesday evening, calling the blue slip tradition 'a hoax' that has stymied his ability to get his nominees confirmed. 'The only way to beat this Hoax,' he wrote, 'is to appoint a Democrat or, a weak and ineffective Republican. Therefore, I would never be able to appoint Great Judges or U.S. Attorneys in California, New York, New Jersey, Illinois, Virginia, and other places.'
CNN
16 hours ago
- Politics
- CNN
Habba is confident she'll be the top US attorney in New Jersey, but it's chaos in the meantime
FacebookTweetLink Federal criminal cases in New Jersey remain in chaos with judges postponing sentencings, plea hearings and status conferences this week as questions swirl about the authority of former Donald Trump lawyer Alina Habba to serve as the acting US attorney. It's not clear how long the pause in activity will last. 'Right now in the District of New Jersey there are bail hearings happening and initial appearances, but otherwise the practice of criminal law is at a standstill,' said a criminal defense lawyer who practices in the state. 'You can't have that happen.' The issue is currently playing out in a drug case, where a lawyer is attempting to have charges dismissed based on the argument that Habba is not serving legally. A federal judge from Pennsylvania, who was transferred the case to hear the arguments, said Tuesday he will first decide whether the defendants, Julien Giraud Jr. and Julien Giraud III, are entitled to any benefit – including the dismissal of his indictment – even if Habba was appointed illegally. The judge said he will only decide the issue of whether Habba is appointed lawfully if necessary. Judge Matthew Brann said the Justice Department provided 'persuasive authority' that even if Habba was appointed illegally that the case should proceed. The Justice Department argued the indictment was handed up last year under a Senate-approved US attorney and authority is conferred to prosecutors on the case through the attorney general. 'It may be the case that determining what relief is available to the Girauds is inextricably bound up with the extent of the statutory or constitutional violation, if any, thereby rendering consideration of the merits question necessary in any event,' said Brann, the chief judge for the Middle District of Pennsylvania, in an order Tuesday. Habba told CNN, 'I am confident we will win any and all attempts to thwart the well established Article II powers of the Executive Branch and the President of the United States.' The tug of war over whether Habba is legally the acting US attorney in New Jersey comes as the White House has faced difficulty getting its picks for US attorney positions through Congress or adopted by federal judges. The fallout in New Jersey could foreshadow potential challenges in other districts, which could have broader implications on the criminal justice system. The broad near-term impact was referenced by the New Jersey judge overseeing the Giruads' case, before it was transferred to Pennsylvania. 'I don't know ultimately how it's going to end up; but that motion, depending on how it's resolved, may affect how this case is going to proceed. And as a result of that, I think you'll soon find out that other judges are going to stay whatever criminal matters there are pending,' Judge Edward Kiel said during a hearing on Monday when he postponed the trial, according to a transcript of the proceeding. Kiel said decisions made now, such as plea agreements, may need to be redone in the future if the US attorney is invalidated. Plea hearings scheduled for this week were postponed with no future date, according to several lawyers and court dockets. Sentencing in other cases were also postponed. The federal public defender's office in New Jersey is urging the judge to rule narrowly on the issues before him in the Giruads' case. In a letter Tuesday, the defenders' office noted the potential ramifications of the ruling, adding there are other circumstances that could warrant further legal briefing, such as indictments, grand jury subpoenas and other documents that are signed by Habba. 'Because that is a separate question that is not raised by the facts of this case and has not been fully briefed, I respectfully request that the Court not address it at this time,' wrote K. Anthony Thomas, the federal public defender in the state. It's unclear whether other defendants will challenge Habba's authority. Habba was first appointed by Trump as interim US attorney in March, a position that expired at 120 days. Habba selected as First Assistant US Attorney Desiree Grace, a well-respected prosecutor in the office. The district court in New Jersey earlier this month declined to appoint Habba US attorney and instead elected Grace to serve as US attorney. Attorney General Pam Bondi fired Grace and Habba resigned her position. Bondi appointed Habba as a special attorney and designated her as the first assistant US attorney, effectively making her acting US attorney again. The Justice Department argues Habba's appointment is valid under the Federal Vacancies Reform Act and other executive powers. 'Whether or not Ms. Habba technically qualifies as Acting United States Attorney, the Attorney General has validly delegated to her the authority to supervise all pending prosecutions and other matters in the USAO-NJ, subject in turn to the supervision by the Attorney General and Deputy Attorney General, both of whom are Senate-confirmed,' the Justice Department wrote in a court filing Tuesday. 'The FVRA therefore permits her to 'perform the functions and duties of the office' of United States Attorney 'in an acting capacity' for as long as she serves as First Assistant, until the statutory time limits expire or a permanent officeholder is nominated and confirmed.' Lawyers say whether the uncertainty helps or hurts clients is a case-by-case matter but for now it's causing chaos. One attorney, who did not want to be identified, said everyone is trying to figure out what to do. 'I think right now they're building the plane as they're flying it,' the attorney said.
2 days ago
- Politics
Criminal trial put on hold after defendant challenges Alina Habba's legal authority as US attorney
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. 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.
