Alina Habba's legal authority as prosecutor challenged in criminal lawsuit
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Alina Habba speaks to reporters outside the White House on March 24, 2025. Photo: Win McNamee/Getty Images
A lawyer who is working on a criminal lawsuit in New Jersey seeks to dismiss the case by questioning Alina Habba's legitimacy to lead the U.S. attorney's office in the state.
Why it matters: The lawsuit challenging Habba's legal authority underscores the effects of the Trump administration's unconventional approach of appointing officials who sometimes lack the background or the congressional support necessary to lead key offices.
- The latest motion filed on Sunday claimed that the way that the Trump administration restored Habba's authority over the office was "unconstitutional."
What they're saying: In the motion, attorney Thomas Mirigliano said his client faces "an imminent criminal trial proceeding under questionable legal authority."
- Mirigliano asks the court to dismiss the indictment or stop Habba and any other attorney acting under "her purported authority" from prosecuting the case.
- The defendant, Julien Giraud Jr., faces charges in a drug and gun-related case.
- The U.S. Attorney's Office in New Jersey did not immediately respond to Axios' request for comment. The Department of Justice declined to comment.
Catch up quick: Trump first appointed Habba as U.S. Attorney for New Jersey in March, where she was allowed to work in an acting capacity for 120 days while awaiting Senate confirmation.
- Habba's confirmation in the Senate has been stalled since Sens. Andy Kim (D-N.J.) and Cory Booker (D-N.J.) opposed her nomination, so the local district court appointed a new prosecutor to serve until the vacancy was filled.
- Hours after the court appointed Desiree Leigh Grace as the new prosecutor, Attorney General Pam Bondi terminated her appointment.
- Trump then withdrew Habba's nomination as the U.S. attorney so that she could be appointed to the position of first assistant U.S. attorney, making her the acting leader of the office.
Zoom out: Habba is Trump's second U.S. attorney nominee that was unable to receive Senate confirmation, underscoring the administration's untraditional approach to appointments.
- U.S. pardon attorney Ed Martin was Trump's original pick for U.S. attorney for the District of Columbia before being dropped in May, once it became clear that his prior election denialism would prohibit his ability to garner enough votes in the Senate.
- Several high-profile Cabinet-level officials, including Health Secretary Robert F. Kennedy Jr., Defense Secretary Pete Hegseth and FBI Director Kash Patel also faced intense scrutiny before ultimately receiving confirmation.
What we're watching: The trial to decide the matter is scheduled to begin on Aug. 4, according to the filing.
Go deeper: Alina Habba to remain N.J. prosecutor: "I don't cower to pressure"
Editor's note: This story has been updated with a response from the Department of Justice.
