Criminal trial put on hold after defendant challenges Alina Habba's legal authority as US attorney
President Donald Trump's effort to keep his former defense attorney in charge of the U.S. attorney's office in New Jersey faces a new test after a man facing drug charges filed a motion challenging Alina Habba's authority to prosecute him.
A federal judge in New Jersey on Monday put the man's trial on hold and transferred the legal challenge to a judge in the Middle District of Pennsylvania to determine if Habba has the legal authority to continue acting as the United States attorney for the District of New Jersey.
Trump named Habba, one of his former personal attorneys, as New Jersey's interim U.S. attorney in March, but after the Senate did not take up her confirmation before the end of her 120-day interim term, a panel of federal judges last Tuesday appointed Assistant U.S. Attorney Desiree Leigh Grace to the permanent U.S. attorney spot.
Just hours later, the Justice Department fired Grace, after which the White House withdrew Habba's nomination in a procedural move to allow her to continue as the acting U.S. attorney for the state.
"This Department of Justice does not tolerate rogue judges -- especially when they threaten the President's core Article II powers," Attorney General Pam Bondi said on social media last week after the panel of judges appointed Grace.
Thomas Mirigliano, an attorney for Julien Giraud Jr., filed a motion Sunday to dismiss his client's case, arguing that Habba now "holds office unlawfully."
Giraud Jr. was charged in 2021 with drug and weapons offenses. He pleaded not guilty and was set to go to trial on Aug. 4.
"By circumventing the constitutionally mandated appointment procedures, and encroaching upon judicial powers explicitly granted by statute, the executive branch has exceeded its lawful authority," Mirigliano wrote. "Thus, all subsequent prosecutorial actions taken by Ms. Habba or any Assistant U.S. Attorneys relying on her purported authority lack constitutional legitimacy and must be deemed ultra vires."
The legal challenge could have sweeping implications for defendants charged in the District of New Jersey, who may file similar motions to have their cases thrown out based on the lawfulness of Habba's appointment.
After a brief conference Monday, U.S. District Judge Edward Kiel put Giraud Jr.'s trial date on hold while the motion moves through the courts. Because the federal bench in New Jersey played a role in replacing Habba, the issue was referred to Chief U.S. District Judge Matthew Brann of the Middle District of Pennsylvania.
Mirigliano told ABC News that his decision to challenge Habba's authority was not political, and that his client hopes to defend himself in a fair trial.
"I think it's something that, you know, needs to be dealt with in court and litigated," Mirigliano said.
The New Jersey Globe was the first to report the legal development.
A representative for the U.S. attorney's office in New Jersey did not immediately respond to a request for comment from ABC News.
