Federal Judge Pauses NJ Trial Over Acting US Attorney Alina Habba Authority Challenge
Federal Judge Pauses NJ Trial Over Acting US Attorney Alina Habba Authority Challenge

Federal Judge Pauses NJ Trial Over Acting US Attorney Alina Habba Authority Challenge

News summary

President Donald Trump's effort to maintain Alina Habba, his former personal lawyer, as acting U.S. Attorney for New Jersey has sparked a significant legal challenge. Julien Giraud Jr., facing drug and gun charges, and his attorney have argued that Habba's reappointment violates federal law, specifically the Federal Vacancies Reform Act, and undermines constitutional and judicial authority since her 120-day interim term expired without Senate confirmation. After New Jersey federal judges appointed Desiree Grace to replace Habba, the Trump administration fired Grace and reinstated Habba through a maneuver invoking her role as first assistant, a move criticized as unlawful executive interference. This dispute has led to the suspension of Giraud's trial pending a court decision on Habba's legal authority, raising concerns about the legitimacy of prosecutions conducted under her leadership. The controversy highlights tensions between the executive branch's appointment powers and judicial oversight, with New Jersey's Democratic senators opposing Habba's confirmation and Justice Department officials reportedly lacking authority to overturn the judges' appointment. The case underscores the broader implications of Habba's disputed tenure for federal prosecutions in New Jersey and constitutional governance.

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