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Trump Uses Vacancies Act to Keep Habba as New Jersey U.S. Attorney

Defendants have filed motions to toss indictments after her reinstatement under the Federal Vacancies Reform Act; a judge has paused a criminal trial pending a ruling on her authority.

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Overview

  • The DOJ invoked the Federal Vacancies Reform Act to withdraw Habba’s nomination and reinstall her as Acting U.S. Attorney after her 120-day interim term expired.
  • Attorney General Pam Bondi fired Desiree Grace, the court-appointed successor, to clear the way for Habba’s continued leadership.
  • At least two criminal defendants have moved to dismiss indictments, arguing that Habba’s FVRA appointment violates statutory and constitutional norms.
  • U.S. District Judge Edward Kiel put a New Jersey drug trial on hold and transferred the authority dispute to the Middle District of Pennsylvania for resolution.
  • Senators Cory Booker and Andy Kim have blasted Habba’s partisan appointment and warned that the fight could jeopardize as many as 1,500 pending prosecutions.