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Criminal trial postponed as defendant contests attorney's authority

Julien Giraud Jr.'s trial is delayed after questioning the legitimacy of Alina Habba as U.S. attorney.

July 28, 2025 at 09:11 PM
blur Criminal trial put on hold after defendant challenges Alina Habba's legal authority as US attorney

A motion filed by a defendant challenges the authority of Alina Habba as U.S. attorney.

Trial halted as defendant questions Alina Habba's authority in New Jersey

A New Jersey federal judge has suspended a drug-related trial after Julien Giraud Jr. filed a motion questioning Alina Habba's authority as the acting U.S. attorney. Habba was appointed by former President Donald Trump in March, but her interim status was challenged when the Senate did not confirm her in time. In a separate development, the Justice Department appointed Assistant U.S. Attorney Desiree Leigh Grace to the permanent position, only to dismiss her shortly after. Giraud's attorney, Thomas Mirigliano, argues that Habba's appointment process was unconstitutional, potentially affecting other cases in the District of New Jersey.

Key Takeaways

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Trial for Julien Giraud Jr. is put on hold pending the legal challenge against Alina Habba.
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Habba was appointed as interim U.S. attorney by Trump but faces a legitimacy crisis now.
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The Senate's failure to confirm her raises questions about appointment procedures.
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A federal judge transferred the case to a Pennsylvania court for further review.
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Legal implications could affect future cases in New Jersey and beyond.
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Giraud's attorney insists the challenge is not politically motivated.

"This Department of Justice does not tolerate rogue judges."

Attorney General Pam Bondi's statement reflects the administration's stance amid ongoing legal disputes.

"By circumventing the constitutionally mandated appointment procedures, the executive branch has exceeded its lawful authority."

Thomas Mirigliano argues the basis for challenging Habba's authority, stressing constitutional limits.

The challenges facing Alina Habba highlight deeper issues regarding legal appointments in federal offices. As this case unfolds, it could set a significant precedent that influences how similar motions are handled across the country. Moreover, Giraud's attempt to declare Habba's authority unlawful raises questions about the integrity of the judicial process in politically charged environments. The outcome could redefine prosecutorial legitimacy in New Jersey, echoing throughout the nation.

Highlights

  • Giraud's attorney calls the motion a quest for fair trial.
  • Legitimacy of U.S. attorney appointments is now in question.
  • The judicial process is at a crossroads in New Jersey.
  • Political implications of legal challenges are unfolding.

Legal and political risks arising from Habba's appointment

The challenge against Alina Habba could have broader implications, affecting multiple defendants and further complicating judicial processes in New Jersey. Any ruling could have lasting effects on the legitimacy of U.S. attorney roles and politicization of legal appointments.

This case could lead to significant legal changes in how U.S. attorneys are appointed.

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