Challenge to Habba Appointment Needs Full Briefing, Judge Says

A federal judge deferred ruling on a New Jersey criminal defendant’s challenge of Alina Habba’s appointment as acting US attorney, saying he wanted to more fully consider the dispute before reaching a decision.

The Friday order leaves some uncertainty among New Jersey federal trial courts, where judges earlier this week started pausing criminal matters to allow the legal dispute over Habba’s role play out in court.

Judge Matthew Brann of the US District Court for the Middle District of Pennsylvania denied defendant Julien Giraud Jr.'s motion to dismiss his case, for now.

But Brann said the defendant pushed legally viable claims that Habba’s appointment is unlawful and prevents prosecutors working at her direction from moving forward with the case.

“To summarize, 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 wrote. “And that injunctive relief should extend to AUSAs purporting to operate pursuant to Ms. Habba’s authority.”

“Because relief will be available to them if they are correct, the court should reach the merits of the Girauds’ claims,” Brann added, scheduling oral arguments for Aug. 15.

Brann, the chief judge in the Middle District of Pennsylvania, oversaw the dispute after the chief judge of the Third Circuit, which includes New Jersey, said it would be in the public interest for the dispute to be transferred.

Habba Controversy

The controversy over Habba, President Donald Trump’s former personal lawyer, follows her failing to gain Senate confirmation.

Trump in March appointed Habba as an interim US attorney, and under federal law, federal judges can pick a temporary successor when a 120-day interim term expires. Judges in New Jersey tapped Desiree Grace, Habba’s top deputy, to replace her.

But the administration responded by firing Grace and appointing Habba as a special attorney and naming her a first assistant, enabling Habba to remain in the office as an acting US attorney. Trump also withdrew Habba’s nomination from the Senate.

Giraud, who is facing drug and weapons-related charges brought by New Jersey federal prosecutors, said in a court filing this week that such maneuvers were illegal.

He also claimed Grace’s appointment by New Jersey judges was “legally controlling” and that her firing represented “unlawful executive interference.” The Justice Department has pushed back, saying that it followed the law in re-installing Habba and firing Grace.

Giraud is represented by New York-based attorney Thomas Mirigliano.

The case is United States v. Giraud, D.N.J., 1:24-cr-00768, 8/1/25.