Dispute Over Alina Habba’s Authority Triggers Slowdown for New Jersey Defense Lawyers and Clients
Newark, NJ, September 4, 2025 — A legal battle over the authority of Acting U.S. Attorney Alina Habba has brought New Jersey’s federal court system to a near standstill, delaying trials, hearings, and plea deals for defense lawyers and their clients. The controversy, rooted in a federal judge’s ruling that Habba has been unlawfully serving as New Jersey’s top federal prosecutor since July 1, 2025, has created unprecedented uncertainty, impacting hundreds of criminal cases and leaving defendants in limbo.
The Heart of the Dispute
The crisis began when U.S. District Judge Matthew Brann, ruling on August 21, 2025, declared that Habba, a former personal lawyer to President Donald Trump, was not legally appointed to lead the U.S. Attorney’s Office for the District of New Jersey. The decision stemmed from challenges by defendants in two criminal cases—Julien Giraud Jr. and Julien Giraud III, charged with drug and firearms offenses, and Cesar Humberto Pina, accused of fraud and money laundering—who argued that Habba’s actions were invalid under the Federal Vacancies Reform Act. Brann’s 77-page opinion concluded that Habba’s interim appointment expired on July 1, and the Trump administration’s maneuvers to keep her in place violated federal law.
The Trump administration had appointed Habba as interim U.S. Attorney in March 2025, following the brief tenure of Matthew Giordano. When her 120-day term expired, New Jersey’s federal judges exercised a 160-year-old authority to appoint Desiree Leigh Grace, a career prosecutor, as interim U.S. Attorney. However, Attorney General Pam Bondi fired Grace and reappointed Habba as acting U.S. Attorney, prompting legal challenges that culminated in Brann’s ruling.
Ripple Effects on the Court System
The uncertainty surrounding Habba’s authority has led to widespread disruptions. Since late July, federal judges across New Jersey have postponed numerous proceedings, including:
- Trials: A triple homicide trial scheduled for September was delayed after Trump fired the prosecutor handling it to prioritize Habba’s leadership.
- Sentencings: U.S. District Judge Esther Salas indefinitely postponed the sentencing of Marc Schessel, convicted of misleading investors during the pandemic, citing concerns over Habba’s legal authority.
- Plea Hearings: Defendants like Antone Poindexter, set to plead guilty to drug charges, saw their hearings canceled abruptly, with no rescheduling dates provided.
- Grand Jury Proceedings: Grand juries have been halted, stalling new indictments.
Criminal defense lawyers report unprecedented chaos, with a Zoom meeting held on August 27, 2025, addressing strategies to navigate the crisis. Thomas Ambrosio, a defense attorney, noted the frustration of clients, including one whose murder trial was postponed by two months over objections. “The system has effectively ground to a halt,” said Maria Noto, former president of the Association of Criminal Defense Lawyers of New Jersey. “We’re all incredulous.”
Defense Lawyers’ Strategies and Client Impacts
Defense attorneys are seizing on the ruling to challenge Habba’s actions, arguing that any prosecutorial decisions made under her leadership since July 1 may be void. Lawyers like Thomas Mirigliano and Gerald Krovatin have filed motions to dismiss indictments or bar Habba from further involvement in cases, citing violations of due process. These challenges could affect the roughly 1,500 criminal cases processed annually by the U.S. Attorney’s Office, potentially leading to dismissals or retrials if higher courts uphold Brann’s ruling.
For clients, the delays mean prolonged uncertainty. Defendants awaiting trial or sentencing, like those in jail or on supervised release, face extended limbo, with some, like a client of Ambrosio’s, expressing relief at delayed hearings, while others grow frustrated. The Association of Criminal Defense Lawyers of New Jersey is seeking a formal role in the litigation to advocate for the hundreds of affected defendants.
The Trump Administration’s Response
The Justice Department, led by Attorney General Pam Bondi, has vowed to appeal Brann’s ruling, which is currently stayed pending review by the Third Circuit Court of Appeals, with oral arguments scheduled for late October or early November. Habba, appearing on Fox News’ Hannity, called the challenges “politically motivated” and insisted, “I am the pick of the president and Pam Bondi, and I will serve this country.” Deputy Attorney General Todd Blanche has begun co-signing legal filings to insulate cases from challenges to Habba’s authority.
The administration argues that the president has broad authority to appoint acting U.S. Attorneys, accusing New Jersey’s judges of overstepping by appointing Grace. However, Brann rejected this, ruling that the 120-day clock for interim appointments began with Giordano’s tenure, not Habba’s, rendering her actions since July 1 unlawful.
Broader Implications
The dispute has far-reaching implications beyond New Jersey. Legal scholars, like Stanford’s Anne Joseph O’Connell, warn that Brann’s ruling could affect other acting U.S. Attorneys appointed through similar maneuvers, with at least a dozen facing expiring terms nationwide. The case may escalate to the Supreme Court, potentially challenging the balance of executive and judicial power in appointing federal officials.
Morale within the U.S. Attorney’s Office has plummeted, exacerbated by Habba’s controversial tenure, marked by high-profile prosecutions of Democrats like Newark Mayor Ras Baraka and Representative LaMonica McIver, which critics call politically motivated. The departure of key leaders, including Caroline Sadlowski, further strains the office’s operations.
Looking Ahead
As the Third Circuit prepares to hear the appeal, New Jersey’s federal courts remain in limbo, with judges adopting a cautious approach to avoid rulings that could be overturned if Habba’s authority is invalidated. Defense lawyers are bracing for a flood of similar motions, which could further clog the system. For now, the uncertainty continues to disrupt justice for defendants and challenge the legal community’s ability to navigate an unprecedented crisis.
For more information, contact the U.S. Attorney’s Office for the District of New Jersey at usanj.publicaffairs@usdoj.gov or visit www.justice.gov/usao-nj.