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Alina Habba's authority as New Jersey's top prosecutor questioned in new legal filing [View all]
The clash between the Trump administration and the courts over who is leading the U.S. Attorney’s Office in New Jersey is already spilling into criminal cases.
A defense attorney is trying to get charges against his client thrown out by arguing the Trump administration illegally maneuvered to keep Alina Habba as the state’s top federal prosecutor, despite the expiration of her 120-day tenure. The defense filing, made on Sunday, comes after days of confusion over who is leading the office because of complex and contested rules over filling vacancies.
In the motion, on behalf of a defendant in a drug and gun-related case, attorney Thomas Mirigliano said a workaround Trump officials found to keep Habba was “irregular” and unconstitutional.
In a nine-page filing, Mirigliano said his client is “facing an imminent criminal trial proceeding under questionable legal authority” and asked for the charges to be thrown out or that Habba and her assistants be barred from exercising further prosecutorial powers in the case.
The problems for the U.S. Attorney’s Office could grow if other defense attorneys open a flood gate of similar motions. Even if Habba eventually prevailed against legal challenges to her authority as acting U.S. Attorney, there could be months of uncertainty over whether the office’s criminal cases — some 1,500 a year — could be thrown out or otherwise undermined.
A defense attorney is trying to get charges against his client thrown out by arguing the Trump administration illegally maneuvered to keep Alina Habba as the state’s top federal prosecutor, despite the expiration of her 120-day tenure. The defense filing, made on Sunday, comes after days of confusion over who is leading the office because of complex and contested rules over filling vacancies.
In the motion, on behalf of a defendant in a drug and gun-related case, attorney Thomas Mirigliano said a workaround Trump officials found to keep Habba was “irregular” and unconstitutional.
In a nine-page filing, Mirigliano said his client is “facing an imminent criminal trial proceeding under questionable legal authority” and asked for the charges to be thrown out or that Habba and her assistants be barred from exercising further prosecutorial powers in the case.
The problems for the U.S. Attorney’s Office could grow if other defense attorneys open a flood gate of similar motions. Even if Habba eventually prevailed against legal challenges to her authority as acting U.S. Attorney, there could be months of uncertainty over whether the office’s criminal cases — some 1,500 a year — could be thrown out or otherwise undermined.
https://www.politico.com/news/2025/07/28/alina-habbas-authority-as-new-jerseys-top-prosecutor-questioned-in-new-legal-filing-00480025
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