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Criminal trial put on hold after defendant challenges Alina Habba's legal authority as US attorney

NEW JERSEY, UNITED STATES, JUL 29 – Criminal defendants argue Habba's appointment violates the Federal Vacancies Reform Act and due process, challenging indictments amid a DOJ and judicial conflict over leadership.

  • Sunday saw defense attorney Thomas Mirigliano challenge Alina Habba's authority, filing to dismiss her indictment and arguing she holds office unlawfully.
  • After Habba’s interim term expired without Senate confirmation, federal judges in the District of New Jersey appointed Desiree Leigh Grace on Tuesday, with the DOJ later reinstating Habba via a legal maneuver.
  • The Girauds assert that under the Federal Vacancies Reform Act, Habba’s appointment violates the law and infringes their due process rights, seeking dismissal or to bar her from prosecutorial powers.
  • On Monday, U.S. District Judge Edward Kiel paused Julien Giraud Jr.’s trial and transferred the challenge to Chief District Judge Matthew Brann.
  • Looking ahead, federal law allows Habba to serve in an acting capacity for 210 days, but her withdrawal from Senate consideration complicates her appointment.
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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.

·Atlanta, United States
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North Jersey broke the news in New Jersey, United States on Monday, July 28, 2025.
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