Federal judge will decide whether Trump ally Alina Habba can lead prosecutions in New Jersey

Source: Politico

Federal judge will decide whether Trump ally Alina Habba can lead prosecutions in New Jersey

It could open additional challenges to her authority since a hearing isn't for two weeks.

https://static.politico.com/9d/d6/139937cc4115813fd7dab7115702%2Fhttps-delivery-gettyimages.com/downloads/2207374105
U.S. Attorney General Pam Bondi (L) embraces Alina Habba after swearing her in as interim U.S Attorney For New Jersey in the Oval Office at the White House on March 28, 2025 in Washington, D.C. Andrew Harnik/Getty Images

By RY RIVARD, KYLE CHENEY, JOSH GERSTEIN and MATT FRIEDMAN
08/01/2025 05:52 PM EDT

A federal judge says he will decide whether President Donald Trump's pick to lead federal prosecutors in New Jersey, Alina Habba, has the legal authority to continue operating as the state's acting U.S. attorney.

U.S. District Judge Matthew Brann indicated Friday that he would delve into the thorny question following a series of unusual maneuvers by Trump and Attorney General Pam Bondi to keep Habba in the role on a temporary basis. That prompted some criminal defendants to raise questions about Habba's legitimacy.

It was not clear until Friday that Brann would even evaluate Habba's appointment. First, the judge had to deal with a threshold issue: whether the status of Habba's authority would affect the case of the defendant who brought the challenge pending before Brann.

In a 27-page ruling, Brann said that it could very well affect who can prosecute the case, and the judge made clear he takes the challenge to Habba's authority that emerged in recent days seriously. He also said a legal position taken by the Department of Justice in Habba's defense was "extreme" and expressed curiosity about the multi-step maneuver Trump used to keep Habba in power.

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Read more: https://www.politico.com/news/2025/08/01/federal-judge-will-decide-whether-trump-ally-alina-habba-can-lead-prosecutions-in-new-jersey-00489575

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Reposted by Mike Masnick
https://bsky.app/profile/mmasnick.bsky.social

MAJOR breaking news:

The District of New Jersey is moving forward with the challenge to Alina Habba’s appointment. The judge has ordered supplemental briefing on the so called “merits issue” - whether Habba’s status as “acting” United States attorney contravenes statutory and/or constitutional law.

— (@juststeller.bsky.social) 2025-08-01T21:42:51.337Z

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MAJOR breaking news:

The District of New Jersey is moving forward with the challenge to Alina Habba's appointment. The judge has ordered supplemental briefing on the so called "merits issue" - whether Habba's status as "acting" United States attorney contravenes statutory and/or constitutional law.

Case 1:24-cr-00768-MWB
Document 117 Filed 08/01/25
Page 1 of 3 PagelD: 507
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
V.
JULIEN GIRAUD JR., and
JULIEN GIRAUD III,
Defendants.
No. 1:24-CR-00768
(Chief Judge Brann)*
ORDER
AUGUST 1, 2025
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
The Girauds' motion to dismiss the indictment' is DENIED with
respect to their request for dismissal;
2. The Girauds' motion to dismiss the indictment is DEFERRED with
respect to their request to enjoin Alina Habba and any Assistant United
States Attorney acting under her authority from prosecuting them;
To the extent not already done, the trial in this matter and all other
pretrial motions are stayed pending resolution of the instant motion;
The Honorable Matthew W. Brann, Chief United States District Judge for the Middle District of Pennsylvania, sitting by designation.
1 Doc. 99.
ALT

Case 1:24-cr-00768-MWB
Document 117 Filed 08/01/25
Page 2 of 3 PagelD: 508
4. The Court will receive supplemental briefing on the "merits" issue of
whether Ms. Habba's appointment
contravenes statutory or
constitutional limitations, including;
a.
The Federal Vacancies Reform Act;
b. 28 U.S.C. § 546(d);
c. The Appointments Clause;
d. The Due Process Clause;
e.
The Government's "Special Attorney" delegation theory;
The Girauds' supplemental merits brief of no more than 25 pages shall
be due on Thursday, August 7, 2025;
The Government's supplemental merits brief of no more than 25 pages
shall be due on Tuesday, August 12, 2025;
The Court finds that the Association of Criminal Defense Lawyers of
New Jersey's request to submit an Amicus Brief satisfies the applicable standard'--it may submit an Amicus Brief of no more than 20 pages by Wednesday, August 13, 2025;
Any other organizations or individuals who wish to submit an Amicus
Brief should file a short motion to that effect and include their proposed
Brief of no more than 20 pages by Wednesday, August 13, 2025;
Doc. 112.
Kyocera Doc. Sols. Am., Inc. v. Div. of Admin., 708 F. Supp. 3d 531, 542 n.16 (D.N.J. 2023).
ALT

Case 1:24-cr-00768-MWB
Document 117 Filed 08/01/25
Page 3 of 3 PagelD: 509
9. If either party objects to the submission of an Amicus Brief, opposition
to the relevant motion is due by Saturday, August 16, 2025;
10. The Court will hold a hearing and oral argument on this matter on
Friday, August 15, 2025, at 10:00 a.m. at the United States Courthouse
and Federal Building,
Courtroom Number
1,
Fourth Floor,
Williamsport, Pennsylvania;
The Government should be prepared to submit firsthand
evidence verifying the factual basis for its legal arguments- such
evidence may take the form of an affidavit if live testimony is not feasible.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge for the Middle District of Pennsylvania
Specially Presiding
ALT
August 1, 2025 at 5:42 PM
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