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New York Times
2 days 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
2 days 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
Yahoo
3 days ago
- Yahoo
Chicago man charged after hours-long standoff shuts down Dirksen Federal Building
The Brief Mario Santoyo, 38, was charged after a knife threat led to a daylong lockdown at Chicago's federal courthouse. He allegedly refused to leave the building and held a knife to his throat, prompting an evacuation. Santoyo remains in custody ahead of a July 31 detention hearing. CHICAGO - A 38-year-old man is facing a felony charge after allegedly threatening to harm himself with a knife during a lengthy standoff that shut down Chicago's federal courthouse Tuesday, federal authorities said. What we know Mario Santoyo, of Chicago, is charged with possessing a dangerous weapon in a federal facility with intent to use it in the commission of a crime, according to the U.S. Attorney's Office for the Northern District of Illinois. If convicted, he faces up to five years in federal prison. Santoyo made his initial court appearance Friday afternoon and was ordered to remain in federal custody, prosecutors said. The backstory According to prosecutors, Santoyo entered the Dirksen U.S. Courthouse shortly before 10:30 a.m. Tuesday and asked to speak with the FBI, claiming that "gangsters" or "gangbangers" were trying to kill him. When a court security officer informed him that the FBI did not have an office in the building and that he could not remain there without other business, Santoyo allegedly pulled out a knife, held it to his throat and threatened to harm himself. Despite repeated commands from law enforcement to drop the weapon, Santoyo refused. He remained in the building's lobby throughout the day with the knife pressed to his throat and a dark bag in his possession, according to the U.S. Attorney's Office. Authorities evacuated the courthouse during the standoff, which disrupted criminal and civil trials, hearings and other proceedings throughout the day. No injuries were reported. Santoyo was taken into custody without incident at approximately 7:55 p.m. and was transported to a hospital for treatment. What they're saying "As I have said before, under my leadership, there will be zero tolerance for violence against federal officials or violence against the important work of the federal government as it is conducted in the Northern District of Illinois," said U.S. Attorney Boutros. "The defendant's actions impeded the due administration of justice in the largest federal courthouse in the country both by square footage as well as the number of federal judges, as it houses the United States Court of Appeals for the Seventh Circuit, the United States District Court for the Northern District of Illinois, the United States Bankruptcy Court for the Northern District of Illinois, and the offices of various governmental agencies…" "The defendant created a dangerous situation for himself, law enforcement, and the thousands of federal employees and members of the public inside the Dirksen Building," said Marshal Reynolds. "The standoff in this case was peacefully resolved thanks to the courage and professionalism of the law enforcement officers from the U.S. Marshals Service and FBI. I am deeply appreciative of this U.S. Attorney's strong partnership with the U.S. Marshals Service and for his strong leadership in choosing to bring a felony charge to hold the defendant accountable for his intolerable actions." What's next A detention hearing for Santoyo is set for 11:30 a.m., July 31. RELATED: Man barricaded in Dirksen Federal Building taken by ambulance after 9-hour standoff Solve the daily Crossword
Fox News
5 days ago
- Fox News
Attorney ‘unapologetically' prosecutes ICE agent assailants with federal criminal charges
U.S. Attorney for the Central District of California Bill Essayli details the criminal charges facing those who 'obstruct, assault' I.C.E. agents on 'America Reports.'
Forbes
5 days ago
- Politics
- Forbes
Trump Attorney Alina Habba Stays On As U.S. Attorney Despite Judges Replacing Her—Here's How
The Justice Department confirmed Friday that former Trump defense attorney Alina Habba will keep serving as U.S. Attorney in New Jersey, seemingly using a little-known legal maneuver to keep her in the role after federal judges voted to replace the staunch Trump ally earlier this week—though there still could be a conflict over her authority. Alina Habba speaks to reporters outside Manhattan Criminal Courthouse on May 30, 2024 in New York ... More City. (Photo by James Devaney/GC Images) GC Images Habba has been designated as the Acting U.S. Attorney in New Jersey, the agency confirmed to Forbes in an email, after she previously served as the interim U.S. Attorney in the state. Habba's term as the interim U.S. attorney expired this week, and since the Senate never voted to confirm her, it was up to federal judges in the state to vote to extend her term—which they declined to do, instead appointing her deputy Desiree Leigh Grace to fill the role on Tuesday. The Trump administration then fired Grace from the DOJ hours later, leaving it up in the air as to what would happen once Habba's term formally expired on Friday. Habba suggested Thursday she would remain in the role—tweeting, 'I am now the Acting United States Attorney for the District of New Jersey'—which the DOJ confirmed Friday. While the DOJ hasn't responded to questions over how specifically Habba was appointed, an agency official cited by Politico suggested the government used a provision of federal law that allows the DOJ to appoint Habba into the number two role at the U.S. attorney's office, but then promote her to Acting U.S. Attorney because there's no one else filling that role. The Trump administration also formally withdrew Habba's nomination as the permanent U.S. attorney, which takes her out of consideration to be voted on by the Senate, but allows her to be appointed to the role in an acting capacity. The federal law that the DOJ likely used to re-install Habba as U.S. Attorney allows her to serve for 210 days, and it remains unclear what could happen after that point, since she's unlikely to be confirmed by the Senate. How Was Alina Habba Allowed To Keep Serving As U.s. Attorney? Habba was previously only allowed to serve for 120 days as U.S. attorney, and when her term expired without the Senate confirming her or judges voting to keep her in place, she was ineligible to simply be appointed to the role again without getting Senate confirmation. As a result, the Trump administration likely used the Federal Vacancies Reform Act in order to keep Habba in her role, legal experts speculate. That federal law has a provision saying that if there's a vacancy in a role that requires Senate confirmation, like U.S. attorneys, 'the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity.' While the DOJ has not confirmed this was the case, it's expected the DOJ named Habba to be the first assistant at the U.S. attorney's office and then promoted her to the U.S. Attorney role under the FVRA, since the top role was vacant. That's what the Trump administration previously did in the Northern District of New York after judges there declined to extend U.S. Attorney John Sarcone III's term. Georgetown University law professor Steven Vladeck noted prior to Habba's re-appointment that such maneuvering would likely be legal, writing, 'It's a stretch, but one that I do believe the law allows.' Grace is an experienced prosecutor whom New Jersey judges formally appointed to replace Habba as U.S. attorney. While the DOJ's decision Tuesday to fire her meant she had to immediately step down as Habba's first assistant and leave the DOJ entirely, there had been some ambiguity about whether she still had legal grounds to become the U.S. attorney when Habba's term expired on Friday. Even though Grace was fired from the DOJ, federal judges are allowed to appoint someone from outside the agency to serve as U.S. attorney, Politico noted, suggesting the prosecutor could potentially rejoin the agency to serve in the role. Grace—whom The New York Times notes is a registered Republican—suggested in a social media post she was considering doing just that, writing, 'It will forever be the greatest honor that [the judges] selected me on merit, and I'm prepared to follow that order and begin to serve in accordance with the law,' as quoted by the New Jersey Globe. That was before Habba was named as the Acting U.S. Attorney, however, and it remains unclear if Grace will now step aside in response to that, or if she could try to still lay claim to the role through a potential legal battle. Even if Grace were allowed to become U.S. Attorney, her tenure would likely be short-lived, however, as President Donald Trump could simply fire her and promote Habba again. Key Background Habba's appointment as U.S. attorney came after the lawyer had become known as one of Trump's most ardent defenders, serving as one of the president's personal defense attorneys from 2021 through his inauguration. She represented Trump in such high-profile cases as the civil fraud trial against him and his company and writer E. Jean Carroll's defamation case against him, though she did not work on his criminal cases and had no prosecutorial experience prior to being named U.S. attorney. Habba also became a frequent Trump advocate through television appearances and on social media, and appeared at such events as the Republican National Convention and CPAC. She was named as U.S. attorney in March after initially serving as an advisor to Trump, and is one of several former Trump defense attorneys that garnered high-ranking roles in his second administration, along with Deputy Attorney General Todd Blanche, Solicitor General Dean John Sauer and Principal Associate Deputy Attorney General Emil Bove, whom Trump is also trying to appoint as a federal judge. Further Reading Forbes The Alina Habba Saga Explained: How Trump May Get Her Back In Power—But Not As U.S. Attorney By Alison Durkee Forbes DOJ Fires Alina Habba's Replacement As U.S. Attorney Hours After Ouster By Alison Durkee
