Overview

• In a court filing on August 2, DOJ attorneys argue Habba assumed the acting U.S. attorney post by virtue of her first assistant appointment under the Federal Vacancies Reform Act.
• After New Jersey judges named Desiree Grace as U.S. attorney, the administration fired Grace and reinstated Habba as first assistant to extend her tenure.
• Defendants including Julien Giraud Jr. have moved to dismiss their indictments, citing Judge Aileen Cannon’s ruling on Jack Smith’s appointment to question Habba’s authority.
• As an alternative to the FVRA defense, DOJ contends Attorney General Pam Bondi validly delegated all prosecutorial powers to Habba via a special attorney designation.
• With U.S. District Judge Matthew Brann’s ruling still pending, key federal prosecutions in New Jersey remain in limbo over Habba’s contested status.