A man in New Jersey has claimed that his upcoming criminal trial would be unconstitutional, while Alina Habba is head of the U.S. Attorney’s Office, saying she is “unlawfully” in that role.
An attorney for Julien Giraud Jr., who is facing trial August 4 for drug and firearm-related charges, says the case cannot move forward with Habba in charge because his client has the right to be prosecuted “only by a duly authorized United States Attorney”.
The motion is the first of its kind to challenge Habba’s swift re-appointment to U.S. Attorney after her nomination fell apart.
On Thursday evening, U.S. Attorney General Pam Bondi intervened after New Jersey’s district court judges attempted to remove Habba from her temporary post in the state earlier in the week.
“Giraud Jr. has a constitutional right to be prosecuted only by a duly authorized United States Attorney. The illegitimacy of Ms. Habba’s appointment undermines Giraud Jr.’s fundamental due process rights,” attorney Thomas Mirigliano, wrote in the legal memorandum filed Sunday.
Mirigliano is asking the court to either withdraw the indictment against his client or prevent Habba, or any assistant U.S. attorney under her authority, from prosecuting the case.
“I got the idea over the weekend because my trial was imminent and I thought it was an important issue that needed to be litigated,” Mirigliano told POLITICO.
Giraud Jr. is facing two charges, possession and intent to distribute cocaine and fentanyl as well as possession of a firearm in furtherance of a drug trafficking crime. He has pleaded not guilty to both
Habba, who served as President Donald Trump’s personal lawyer, was named Interim U.S. Attorney for New Jersey in March, a position that she could only hold for 120 days without Senate confirmation.
As her expiration date approached, and with no Senate confirmation hearing in sight, the state’s judges took matters into their own hands on July 22 and selected First Assistant U.S. Attorney, Desiree Grace, to replace Habba.
But the administration swooped in and carried out a legal maneuver that will ultimately allow Habba to remain. Bondi fired Grace while Trump rescinded Habba’s nomination and instead named her Acting U.S. Attorney.
Under that statute, Habba can remain in charge of the New Jersey attorney’s office for at least 210 days.
The Independent has asked the White House for comment.
Giraud Jr’s motion, initially filed with the federal judge overseeing his case in New Jersey, is being handled by a federal judge in Pennsylvania.
Habba represented Trump at his New York fraud trial and New York defamation trial brought by E. Jean Carroll. Trump lost both cases.
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