Federal court filing seeks dismissal of Alina Habba as acting U.S. attorney
By: Ricardo Kaulessar
NorthJersey.com
USA Today Network - New Jersey
..... Alina Habba should be disqualified from serving as acting U.S. Attorney for New Jersey because the manner in which she was appointed is unconstitutional, a federal court filing contends.
.....
The filing, made by a defendant in a federal drug and murder case, cites a 2024 ruling by a Florida judge appointed by President Donald Trump. U.S. District Judge Aileen Cannon found that the appointment of special counsel Jack Smith in the federal case against Trump for allegedly taking and concealing classified documents after laving the White House in January 2021 was unconstitutional. The judge dismissed the case.
..... In her dismissal, Cannon said: "When executive officials deliberately engineer an appointment in violation of statutory and constitutional mandates, the only effective remedy is dismissal or, at the very least, disqualification of the unconstitutionally appointment officer and her subordinate,' she said in the filing.
.....
The Defendant, Julien Giraud Jr., similarly seeks a dismissal in his drug and murder case. Giraud Jr. challenge Habba's appointment and also called for the dismissal of his indictment, which a federal grand jury in Newark returned in November 2024 on charges stemming form the arrest of him and his son, Julian Giraud III, in 2021. Giraud and his son are scheduled to go on trial on August 4. [2025]
..... "Any prosecutorial action taken under an invalid and unconstitutional supervisory appointment must be unwound," Giraud said in the filing.
.....
Cannon dismissed the Trump case in July 2024, saying the appointment of Smith by Attorney General Merrick Garland was unconstitutional because he was supposed to be appointed by the President and confirmed by the Senate.
..... As Habba's 120-day appointment by Trump as interim U.S. attorney was to expire on July 25, [2025] the state's U.S. district Court judges voted to appoint Desiree Leigh Grace, the first assistant U.S. attorney for New Jersey, to replace Habba instead of giving her an extension. when the judges' decision was made public, Grace was quickly fired by the Trump administration.
..... It was then announced that Habba would be acting U.S. attorney. The maneuver by the justice Department to change her status form interim to acting keeps Habba leading the office for the next 120-days.
..... Giraud's attorney, Thomas Mirgliano, could not be reached for comment. Politico first reported the recent legal filing by Giraud.