Federal judge defers ruling on Alina Habba's legal authority
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Alina Habba at the White House on March 28. Photo: Andrew Harnik/Getty Images
A federal judge on Friday deferred ruling on Alina Habba's legal authority as a prosecutor after President Trump tapped her to lead the U.S. attorney's office for New Jersey.
The big picture: A lawyer sought to get a criminal case in New Jersey dismissed by questioning Habba's legitimacy to lead the U.S. attorney's office in the state and arguing that the way the Trump administration restored her authority over the office was "unconstitutional."
Catch up quick: In March, Trump appointed his then-presidential counselor Habba to serve as interim U.S. attorney for the District of New Jersey.
- That allowed her to work in an acting capacity for 120 days while awaiting Senate confirmation.
- With Habba's confirmation stalled, the local district court appointed a new prosecutor to serve until the vacancy was filled. Attorney General Pam Bondi terminated the appointment hours later.
- 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.
Driving the news: Judge Matthew Brann of the U.S. District Court for the Middle District of Pennsylvania wrote in the opinion that the motion to dismiss the case is both denied in part and deferred in part.
- The defendant, Julien Giraud Jr., who is facing charges in a drug and gun-related case, is entitled to injunctive relief "precluding Ms. Habba from participating in their prosecution if they are correct that she was appointed in violation of statute or the Constitution."
- That injunctive relief, the judge wrote, should extend to assistant U.S. attorneys "purporting to operate pursuant to Ms. Habba's authority."
- The judge added, "Because relief will be available to them if they are correct, the court should reach the merits of the Girauds' claims," Brann added.
Context: Attorney Thomas Mirigliano asked the court to dismiss the indictment or stop Habba and any other attorney acting under "her purported authority" from prosecuting the case.
- The motion filed Sunday claimed that the way the Trump administration restored Habba's authority over the office was "unconstitutional."
What's next: Oral arguments were scheduled for Aug. 15.
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