Overview

• Julien Giraud Jr.’s attorneys have invoked Judge Aileen Cannon’s ruling on Jack Smith to argue that Habba’s interim tenure violates the Appointments Clause.
• Her initial 120-day term ended in July and the administration used a statutory workaround to extend her tenure without Senate confirmation, a move the defense contends overstepped presidential authority.
• The Justice Department argues in court filings that Habba lawfully served as Acting U.S. Attorney after being named first assistant under the Vacancies Reform Act and that the Attorney General’s delegation powers further validate her position.
• Multiple New Jersey federal proceedings, including grand jury sessions, were canceled or put on hold while Judge Brann considers the challenge to Habba’s authority.
• Brann’s impending decision could reshape executive appointment powers and influence the Justice Department’s independence across hundreds of pending cases.