the staff of the Ridgewood blog
TRENTON, NJ — the future of Alina Habba’s role fighting New Jersey’s culture of corruption as acting U.S. attorney for New Jersey now rests in the hands of a federal judge in Pennsylvania, after a criminal defendant argued that she was unconstitutionally appointed and must be disqualified from prosecuting his case.
U.S. District Judge Matthew Brann (Middle District of Pennsylvania) ruled on August 1st that defendant Julien Giraud Jr. — facing federal drug and murder charges — is entitled to a hearing on whether Habba’s appointment violates the U.S. Constitution or federal law.
Giraud’s trial, which was scheduled to begin August 4th, has now been postponed. Judge Brann scheduled an evidentiary hearing and oral arguments for August 15th at the federal courthouse in Williamsport, PA to hear challenges to Habba’s appointment.
“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.
🔍 Why the challenge?
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Habba was initially installed by President Donald Trump as interim U.S. attorney for New Jersey, a role limited to 120 days.
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Her term expired on July 25, 2025, and federal district court judges in New Jersey voted to replace her with First Assistant U.S. Attorney Desiree Leigh Grace.
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That same day, Trump’s Department of Justice terminated Grace and re-designated Habba as “acting” U.S. attorney, a legal maneuver that extended her authority for another 210 days.
Defense attorneys argue this move violated the Appointments Clause of the Constitution — the same argument that led Judge Aileen Cannon to dismiss Special Counsel Jack Smith’s case against President Trump earlier this year.
⚖️ Political Backdrop
Habba has drawn controversy after she brought two criminal cases against Democratic officials during her time in office and drew criticism after saying she hoped to use her role to aid Republicans in New Jersey.
⏭ What’s next?
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August 15: Federal hearing on the legality of Habba’s appointment
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If Judge Brann finds her appointment unconstitutional, she could be removed from all federal prosecutions
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Giraud’s murder trial remains on hold pending the outcome
Stay tuned — this case could significantly reshape DOJ appointment powers and inject even more volatility into an already turbulent election year.
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About time someone took a closer look at these maneuvers.