Deadline: Legal Blog-How a routine drug case could decide Alina Habba's fate as U.S. attorney

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3. NJ Criminal Cases Paused After Challenge to Habba's Authority

It is NOT normal to pause all criminal proceedings

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https://news.bloomberglaw.com/us-law-week/habba-uproar-continues-amid-challenge-to-appointment-by-trump

The controversy over Alina Habba’s appointment as New Jersey’s top federal prosecutor grew this week as judges paused criminal cases amid a challenge by defendants who say she doesn’t legally hold the job.

Defendants facing narcotics charges are arguing that prosecutors can’t proceed with their case without a “validly appointed” US attorney in charge. The dispute could carry broad implications for criminal cases in New Jersey, and judges began postponing proceedings so that the issue can play out in court.

The Justice Department pushed back Tuesday, saying President Donald Trump followed the law when he tapped Habba last week as her 120-day interim post expired, even though New Jersey’s federal judges selected her top assistant, Desiree Grace, for the job. “Ms. Habba is validly serving as the Acting United States Attorney,” the DOJ said in a court filing.

The filing, in a narcotics case involving Julien Giraud Jr. and Julien Giraud III, came amid growing legal uncertainty as to whether Habba or Grace should be New Jersey’s top federal law enforcement officer. The federal judge who had overseen the case in New Jersey said the Girauds raised a “non-frivolous argument.”

“I think you’ll soon find out that other judges are going to stay whatever criminal matters there are pending,” US District Judge Edward Kiel said at a hearing in Camden, New Jersey, on Monday. “You’ll see generally that a lot of judges will not be hearing any criminal cases that are of a non-urgent matter.”