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Oakland (ZennieReport.com –
Alina Habba Barred -Trump Layer Alina Habba Barred From Serving As Acting US Attorney For New Jersey
According To Law 360, Alina Habba, President Donald Trump’s former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
A three-judge circuit panel affirmed a district court order disqualifying Alina Habba from overseeing prosecutions, including cases against Julien Giraud Jr., Julien Giraud III and real estate influencer Cesar “Flipping NJ” Pina. Although the court disqualified Habba, it declined to dismiss the indictments in the cases.
The appellate opinion marks the latest news in the controversy swirling around Alina Habba’s tenure as the top federal prosecutor in the Garden State.
Ms. Habba was originally named interim U.S. attorney by Trump in March, but was never confirmed by the Senate. Her formal nomination was withdrawn following opposition from New Jersey’s two Democratic senators.
When the 120-day clock wound down on Alina Habba’s interim appointment, Chief U.S. District Judge Renée Marie Bumb then appointed First Assistant U.S. Attorney Desiree Grace to the role, but Attorney General Pam Bondi fired Grace and replaced her with Habba, first in the role of special attorney and then as first assistant U.S. attorney, taking over the tasks of U.S. attorney for the state.
U.S. Circuit Judge D. Michael Fisher, writing for the panel, emphasized that only the first assistant in place at the time of a vacancy may automatically assume acting duties under the FVRA. The court rejected the Justice Department’s argument that Habba could be retroactively designated as first assistant and thereby qualify for automatic elevation.
“Habba is not the acting U.S. attorney for the District of New Jersey by virtue of her appointment as first assistant U.S. attorney because only the first assistant in place at the time the vacancy arises automatically assumes the functions and duties of the office under the FVRA,” Judge Fisher wrote.
Judges L. Felipe Restrepo, D. Brooks Smith and D. Michael Fisher sat on the Third Circuit panel.
Julien Giraud Jr. is represented by Thomas S. Mirigliano of the Law Office of Thomas S. Mirigliano and Martin Cronin of Lawyers for the Rule of Law.
Julian Giraud III is represented by Gina A. Amoriello of the Law Office of Gina Amoriello.
Cesar Humberto Pina is represented by Abbe D. Lowell, David A. Kolansky, Isabella M. Oishi and John P. Bolen of Lowell & Associates PLLC, Gerald Krovatin of Krovatin Nau LLC and Norman L. Eisen and Joshua Kolb of Democracy Defenders Action.
The government is represented by Katherine Twomey Allen and Henry C. Whitaker of the U.S. Department of Justice and Mark E. Coyne, Rachelle Navarro, Alison Thompson, Carolyn Silane, Aaron Webman, Edeli Rivera, Matthew Specht and Marko Pesce of the U.S. Attorney’s Office for the District of New Jersey.
The cases are U.S. v. Julien Giraud Jr. et al., case number 25-2635, and U.S. v. Cesar Humberto Pina, case number 25-2636, both in the U.S. Court of Appeals for the Third Circuit.
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