By Ricardo Kaulessar, NorthJersey.com
Alina Habba’s status as acting U.S. attorney for New Jersey will be up to a Pennsylvania judge, who will look into the claim by a criminal defendant that she should be disqualified from her position, according to a federal filing.
U.S. District Judge Matthew Brann said in an Aug. 1 filing that he denied Julien Giraud Jr.’s motion to dismiss his drug and murder case but will delay the motion to dismiss while considering Giraud’s seeking to disqualify Habba, whose office is prosecuting his case.
“I conclude that the Girauds are entitled to injunctive relief precluding Ms. Habba from participating in their prosecution if they are correct that she was appointed in violation of statute or the Constitution,” Brann said in the filing.
Giraud and his son were scheduled to go on trial on Aug. 4 in the Middle District of Pennsylvania after Giraud’s attorney, Thomas Mirigliano, got it transferred from New Jersey.
Instead, in a judicial order that accompanied Brann’s filing, the trial will be postponed for a hearing and oral argument on any challenges to Habba’s appointment to be held Aug. 15 at the United States Courthouse and Federal Building in Williamsport, Pennsylvania.
Giraud challenged Habba’s appointment in a July 27 filing because he claimed that her appointment was unconstitutional. He cites a 2024 ruling by U.S. District Judge Aileen Cannon, who dismissed the federal case against President Donald Trump for allegedly taking and concealing classified documents because she found the appointment of special counsel Jack Smith was unconstitutional, as he was supposed to be appointed by the president and confirmed by the Senate.
Related:
Judicial review of Habba appointment demands full briefing, judge says (NJ Globe)
NJ prosecutor fired by Trump to make way for Habba calls it unjustified (Forbes)
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