Overview

• Defendant Julien Giraud Jr. filed a motion before Judge Matthew Brann challenging Habba’s acting appointment under the Appointments Clause.
• The Justice Department argues in briefs that Habba legitimately serves under the Federal Vacancies Reform Act as first assistant and through a special attorney delegation from Attorney General Pam Bondi.
• Defense attorneys cite Judge Aileen Cannon’s 2024 ruling overturning Jack Smith’s appointment to support their bid for dismissal or disqualification.
• Grand juries have been paused and court proceedings cancelled in New Jersey while the appointment dispute remains unresolved.
• The decision will determine the scope of presidential power under vacancy statutes and influence debates over the Justice Department’s independence.