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Alina Habba's legal chaos could be a blessing for an accused criminal [1]

['Jason Weisberger']

Date: 2025-07-28

The Trump Administration's desperate attempts to keep Alina Habba in a job neither the judges in the New Jersey District or the Senate appear to want her in are offering defendants a way out.

An accused gun and drug contrabandist is asking to have his charges dismissed, as the legal authority of Alina Habba to prosecute him is in question. As Habba's 120-day period to serve while awaiting confirmation came to an end without any affirmation, the judges appointed her "First Assistant" to take the job. The DOJ promptly fired the first assistant and ginned up a method to buy Habba more time. The lack of clarity could provide an avenue of escape.

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. Politico

Previously:

• Alina Habba settles with woman she pretended to represent

• Alina Habba once again reprimanded for prosecutorial misconduct

• Alina Habba already earns a conduct warning

• Sued for malicious prosecution, Alina Habba enters the 'find out' phase

• Federal Judges send Alina Habba packing

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[1] Url: https://boingboing.net/2025/07/28/alina-habbas-legal-chaos-could-be-a-blessing-for-an-accused-criminal.html

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