Trump Appointment Maneuver Risks Thousands of Criminal Cases [View all]

Today on TAP: Alina Habba’s sneaky reappointment as acting U.S. attorney in New Jersey violates the law, says a criminal defendant, who wants his case thrown out as a result.

by David Dayen July 29, 2025


In the fight to preserve American democracy from Trumpian authoritarianism, a New Jersey defendant accused of drug and gun crimes named Julien Giraud Jr. could become the unlikeliest of heroes.

Alina Habba is Trump’s former personal lawyer and a MAGA influencer, who was installed as interim U.S. attorney for New Jersey about four months ago, despite no prosecutorial experience. She immediately politicized the office, opening investigations into the sitting governor and attorney general and charging Rep. LaMonica McIver (D-NJ) with assault for an incident at a Newark ICE detention facility. She has said in interviews that her role as a federal prosecutor would be to help “turn New Jersey red.”

But Habba had a problem: The Federal Vacancies Reform Act (FVRA) only gave her a 120-day window to perform the duties of the office in an interim capacity. Though Habba was nominated on July 1 to serve permanently as U.S. attorney, New Jersey’s senators have thus far blocked her from consideration. As last Friday’s deadline approached, Habba petitioned a three-judge panel to allow her to stay in the position. But the judges used their authority under the vacancy laws to reject that request and instead appointed Desiree Leigh Grace, the first assistant U.S. attorney.

The administration then maneuvered to keep Habba in the job. The law prevents someone from being an acting U.S. attorney and nominated for the post at the same time. But Habba resigned as interim U.S. attorney, and Trump withdrew her nomination for the post. Then, Attorney General Pam Bondi fired Grace and hired Habba as first assistant U.S. attorney in her place. Therefore, under the vacancy rules, Habba could become the acting U.S. attorney in New Jersey for another 210 days.
https://prospect.org/blogs-and-newsletters/tap/2025-07-29-trump-appointment-maneuver-risks-thousands-of-criminal-cases/