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New Jersey Trial Paused as Defendants Challenge Habba’s Acting U.S. Attorney Role

A motion filed this week contends her reinstatement under the Federal Vacancies Reform Act breaches federal law and jeopardizes more than 1,500 ongoing prosecutions.

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Alina Habba speaks to reporters outside the White House on March 24, 2025. Photo: Win McNamee/Getty Images

Overview

  • President Trump withdrew Alina Habba’s stalled Senate nomination on July 28 and invoked the Federal Vacancies Reform Act to reinstall her as Acting U.S. Attorney after her 120-day interim term expired.
  • On July 22, a panel of federal judges appointed Desiree Grace to succeed Habba, but Attorney General Pam Bondi swiftly dismissed Grace to clear the way for Habba’s return.
  • Criminal defendants led by Julien Giraud Jr. filed motions to dismiss their indictments, arguing Habba’s appointment is unconstitutional and invalid under federal appointment statutes.
  • U.S. District Judge Edward Kiel suspended Giraud’s trial and referred the authority dispute to Chief Judge Matthew Brann in the Middle District of Pennsylvania for independent review.
  • Senators Cory Booker and Andy Kim have condemned the administration’s tactics, warning they undermine the office’s independence and threaten roughly 1,500 active criminal cases.