Latest news with #USattorney
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.
Wall Street Journal
3 days ago
- Politics
- Wall Street Journal
A New Front in Trump's Clash With the Judiciary: Appointing Prosecutors
President Trump's administration has opened a new front in its widening battle with the judiciary, sparring with federal courts over his picks to lead U.S. attorney's offices around the country. Trump has submitted more than 30 U.S. attorney nominations to the Senate. Because of a rift between Republicans and Democrats, lawmakers haven't confirmed any of them. That has put federal judges in the hot seat because the law requires them to appoint lead district prosecutors if Congress doesn't. The president's picks can serve for 120 days in an interim capacity. Once the clock ticks down, the courts must decide if his nominees can stay.
Fox News
4 days ago
- Politics
- Fox News
Trump appoints Alina Habba as NJ 'acting' US attorney after judges ousted her
Fox News' Alexis McAdams provides details on the showdown over the New Jersey U.S. attorney role and the possible legal battle that could result.
Bloomberg
5 days ago
- Politics
- Bloomberg
Prosecutor Who Tried Jan. 6 Cases Speaks Out About His Dismissal
Michael Gordon's name never made headlines, but the cases he handled did. As a federal prosecutor in Tampa, Florida, he went after fentanyl dealers, armed robbers, and drug crews. When the Justice Department asked for volunteers to help prosecute people who attacked the US Capitol on Jan. 6, 2021, he raised his hand. For two years, Gordon tried cases against some of the most prominent defendants, and earned a promotion to senior trial counsel. He returned to Tampa with a reputation as a closer. When a politically sensitive $100 million fraud case stalled, the US attorney asked him to take it on. The indictment was returned in four weeks.
Yahoo
6 days ago
- Politics
- Yahoo
Judges' pick to be new US attorney in NJ vows to take office despite being fired by Justice Department
A possible standoff is brewing over who will replace Alina Habba as US attorney in New Jersey with her interim appointment set to expire Friday. Desiree Leigh Grace, a top prosecutor fired by the Justice Department Tuesday after she was tapped by the federal judges in the state to replace Habba, is vowing to take over the job 'in accordance with the law.' To do so, Grace would have to be sworn in by a federal judge just after midnight Friday when Habba ceases to be US attorney – and defy Attorney General Pam Bondi who ousted her from her job as New Jersey's first assistant US attorney. The Justice Department hasn't said what it plans to do with the position, other than Bondi and Todd Blanche, the deputy attorney general, decrying the appointment of Grace and accusing the judges of political motivations and attempting to usurp President Donald Trump's appointment powers. If Grace assumes the job, the president could fire her. The department could still outmaneuver the judges by having Habba leave before midnight Friday and appointing a new interim US attorney, a move they've used in other cases. Grace posted a lengthy message Wednesday on LinkedIn thanking colleagues and pushing back that politics played any part in how she did her job. She ended her post with a defiant vow to take over the job she was appointed to by the judges. 'Yesterday the District Judges for the District of New Jersey selected me to serve as the United States Attorney for the District of New Jersey. It will forever be the greatest honor that they selected me on merit, and I'm prepared to follow that Order and begin to serve in accordance with the law,' she wrote. Grace continued, 'I've served under both Republican and Democratic administrations. I've been promoted four times in the last five years by both — including four months ago by this administration. Politics never impacted my work at the Department.' Habba and the Justice Department both declined to comment when reached by CNN. Grace did not respond to CNN's request for additional comment. The dispute is a consequence of the slow pace of the US Senate to approve Trump's US attorney nominations. Habba and other interim US attorneys could run out of the allotted 120 days they are allowed to serve. Under federal law, if the administration doesn't fill the job and the Senate doesn't confirm a nominee, federal judges in the district can select a temporary US attorney. Solve the daily Crossword
