President Donald Trump’s attempts to keep one of his most favored personal lawyers as New Jersey’s top federal prosecutor are causing chaos in the courts.
Several federal court proceedings ground to a halt this week amid uncertainty over whether Alina Habba has the legal authority to act as U.S. attorney for the District of New Jersey.
“There are many cases that have been put on hold in the District of New Jersey, whether it’s pleas or sentencings,” Lorraine Gauli-Rufo, a New Jersey-based defense attorney, told Bloomberg. “We’re all trying to figure this out and do the right thing by our clients.”
In a motion filed Sunday, a lawyer for a defendant facing drug and gun charges accused Habba of holding office “unlawfully” and sought to have her removed from the proceedings. The case was moved to Pennsylvania, where District Judge Matthew Brann is considering arguments on whether the defendant, Julien Giraud Jr., can have the indictment against him dismissed, or if Habba should be allowed to continue in her role.
“Fundamentally, my client is entitled to be prosecuted by someone duly appointed,” Thomas Mirigliano, an attorney who represents Julien Giraud Jr., told Bloomberg.
The challenges stem from Trump’s effort to keep Habba, who represented the president in the sexual abuse and defamation lawsuit brought by E. Jean Carroll, as the top New Jersey prosecutor without securing Senate approval.
Other federal court hearings, plea deals, and grand jury sessions have been postponed this week, The New York Times reported.
Habba had been serving as acting U.S. attorney while the Senate considered her nomination, for an interim appointment meant to last only 120 days if not confirmed. Earlier this month, a panel of federal judges opted not to extend her interim period and used their legal authority to appoint her assistant, Desiree Leigh Grace, as the new interim U.S. attorney instead.
The Trump administration then moved to keep Habba in the role through a convoluted and potentially non-legally binding procedural maneuver.
First, Habba resigned just before her term was due to expire, and Trump withdrew her nomination for a full four-year term. Attorney General Pam Bondi then fired Grace a few hours after the judges appointed her, and named Habba to the chief deputy position vacated by Grace. As the most senior official in the office, Habba was then elevated to the role of acting U.S. attorney for at least another 210 days.
“Donald J. Trump is the 47th President. Pam Bondi is the Attorney General. And I am now the Acting United States Attorney for the District of New Jersey,” a defiant Habba posted on X on July 24.
One potential hurdle in Trump’s plan is whether Habba should be disqualified from holding the job, given that she had already been formally considered for Senate confirmation.
“The President can’t appoint the ‘first assistant’ to be the acting officer if her nomination was submitted, not just if it’s pending. Withdrawing the nomination doesn’t change the fact that it was submitted,” Steve Vladeck, a constitutional law professor at Georgetown University, posted on Bluesky.
The Department of Justice and the U.S. Attorney’s Office for the District of New Jersey have been contacted for comment.
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