A lawyer involved in a criminal case in New Jersey has filed a motion seeking dismissal by challenging Alina Habba’s authority to lead the U.S. Attorney’s Office in the state. The motion argues that the way Habba’s authority was restored by the Trump administration is unconstitutional.
Attorney Thomas Mirigliano, representing defendant Julien Giraud Jr., claims his client faces prosecution under “questionable legal authority” and asks the court to either dismiss the indictment or prevent Habba and any attorneys acting under her authority from prosecuting the case. Giraud faces drug and gun-related charges. Habba was initially appointed by Trump in March to serve as acting U.S. Attorney for New Jersey while awaiting Senate confirmation, which has been stalled due to opposition from New Jersey Senators Andy Kim and Cory Booker. After a court-appointed prosecutor was removed by Attorney General Pam Bondi, Trump withdrew Habba’s nomination and appointed her as first assistant U.S. attorney, allowing her to serve as acting head. This legal challenge highlights the controversies surrounding the Trump administration’s unconventional appointments, with Habba being the second U.S. attorney nominee unable to secure Senate confirmation. The trial to address this issue is scheduled to begin on August 4.