Latest news with #FederalVacanciesReformAct
CBS News
2 days ago
- Politics
- CBS News
Effort to keep Alina Habba in post as acting New Jersey U.S. attorney sparks legal challenge
Washington — President Trump's attempt to keep Alina Habba, his former personal lawyer, as New Jersey's top federal prosecutor has prompted a legal challenge, as a man facing drug and gun charges has alleged that she holds the office unlawfully. A lawyer for the man, Julien Giraud Jr., asked a federal judge Sunday to toss the indictment or bar Habba or any assistants acting under her authority from exercising prosecutorial powers in the case. He argues that Habba's appointment Thursday to serve as the acting U.S. attorney in New Jersey violates the Federal Vacancies Reform Act, and said that a district court's decision appointing her then-deputy, Desiree Leigh Grace, to temporarily fill the role as the state's top prosecutor is legally controlling. Giraud is "facing an imminent criminal trial proceeding under questionable legal authority," under Habba, his attorney Thomas Mirigliano wrote in the motion. Mirigliano argued that Habba's reappointment after her nomination to become New Jersey's U.S. attorney is also unconstitutional. Politico first reported the request stemming from Habba's position. "By circumventing the constitutionally mandated appointment procedures, and encroaching upon judicial powers explicitly granted by statute, the executive branch has exceeded its lawful authority," he wrote, adding that allowing the prosecution of his client to proceed under the current landscape "would endorse an unconstitutional executive usurpation of judicial authority." The filing from Giraud is the latest twist in Habba's tenure as U.S. attorney for New Jersey, which came to a head last week as she neared the end of her limited term serving temporarily in the role. Federal law restricted Habba's time in the post to 120 days, unless the federal district court in the state extended her tenure or she won Senate confirmation. But New Jersey's two senators, Democrats Cory Booker and Andy Kim, opposed her nomination, making it highly unlikely it would advance through the upper chamber. Last week, judges on the district court in New Jersey invoked a rarely used authority when they declined to keep Habba in her role of interim U.S. attorney as her 120-day term was set to expire. In her place, the judges selected the No. 2 in the New Jersey U.S. Attorney's Office, Desiree Leigh Grace, to serve as U.S. attorney for the state until another candidate for the job was nominated by Mr. Trump and confirmed by the Senate. But after the district court's decision, Attorney General Pam Bondi fired Grace, a career prosecutor in the office. Grace said she intended to still serve in the role, sparking confusion over who was leading the U.S. Attorney's Office in the Garden State. The White House then pulled Habba's nomination to serve as the top prosecutor, a Justice Department official said, as part of a multi-part scheme to keep her temporarily in charge of the office. Following the withdrawal and firing, Habba was appointed first assistant U.S. attorney, Grace's job before her removal, which cleared the way for her to temporarily fill the spot of U.S. attorney in New Jersey under the Federal Vacancies Reform Act. The vacancies law limits Habba's time in the position to 210 days from when the vacancy occurred. Because New Jersey federal judges have a conflict of interest in the Giraud's case due to the order to remove Habba and appoint Grace, Mirigliano's motion has been assigned to Pennsylvania Judge Matthew Brann, who was appointed to the federal district court by President Barack Obama in 2012. Grace has not indicated whether or not she would challenge Habba's control of the office and seek to enforce the judges' order authorizing her appointment. A spokesperson for the U.S. Attorneys Office in New Jersey did not immediately respond to a request for comment on the motion.
5 days ago
- Politics
Habba set to remain as top prosecutor in New Jersey after White House maneuver
President Donald Trump's attempt to ensure his pick remains in charge of the U.S. Attorney's Office in New Jersey has taken a new twist. On Thursday, one day before Alina Habba's tenure as the Interim United States Attorney for the District of New Jersey was set to expire, the White House withdrew her nomination for the post. Habba then announced on social media that she is now the Acting United States Attorney, seemingly restarting the clock on what is usually a 120-day temporary term. Trump first appointed Habba as the state's interim U.S. attorney in March. "I don't cower to pressure. I don't answer to politics. This is a fight for justice. And I'm all in," Habba wrote on social media. The unorthodox legal maneuver appears to end a stalemate that began when federal judges in New Jersey selected Desiree Leigh Grace, an experienced federal prosecutor, over Habba, the president's former personal attorney and choice to lead the office. The Department of Justice quickly stated that it fired Grace, leaving unclear who would take over the office. In a social media post, Grace stated that she would still be willing to lead the office "in accordance with the law." "The District Judges for the District of New Jersey selected me to serve as the United States Attorney for the District of New Jersey. It will forever be the greatest honor that they selected me on merit, and I'm prepared to follow that Order and begin to serve in accordance with the law," she wrote. The Trump administration's move to pull Habba's nomination and then install her in an acting capacity appears to take advantage of a section of the Federal Vacancies Reform Act, which allows an acting officer to serve in a position for no more than 210 days if no one is nominated to the position.
02-07-2025
- Politics
Federal judge halts the Trump administration from dismantling the US African Development Foundation
A federal judge on Tuesday temporarily blocked the Trump administration from dismantling a U.S. federal agency that invests in African small businesses. U.S. District Judge Richard Leon in Washington, D.C., ruled that Trump violated federal law when he appointed Pete Marocco the new head of the U.S. African Development Foundation, or USDAF, because Marocco was never confirmed by Congress. As a result, Marocco's actions — terminating most of the agency's employees and effectively ending the agency's grants — are void and must be undone, the judge found. Congress created USADF as an independent agency in 1980, and its board members must be confirmed by the U.S. Senate. In 2023, Congress allocated $46 million to the agency to invest in small agricultural and energy infrastructure projects and other economic development initiatives in 22 African countries. On Feb. 19, Trump issued an executive order that said USADF, the U.S. Institute of Peace, the Inter-American Foundation and the Presidio Trust should be scaled back to the minimum presence required by law. Trump also fired the agency's board members and installed Marocco as the board chair. Two USDAF staffers and a consulting firm based in Zambia that works closely with USADF sued on May 21, challenging Marocco's appointment and saying the deep cuts to the agency prevented it from carrying out its congressionally mandated functions. The staffers and consulting firm asked the judge for a preliminary injunction, saying Marocco's 'slash-and-burn approach' threatened to reduce the agency to rubble before their lawsuit is resolved. They said the Federal Vacancies Reform Act prohibited Marocco's appointment to USADF, and that the same law requires that any actions done by an unlawfully appointed person must be unwound. 'This is a victory for the rule of law and the communities that rely on USADF's vital work,' said Joel McElvain, senior legal adviser at Democracy Forward, the organization representing the USDAF staffers and consulting firm in their lawsuit. 'We will continue fighting against these power grabs to protect USADF's ability to fulfill the mission that Congress gave it to perform.' U.S. Attorney Jeanine Pirro had written in court documents that the Federal Vacancies Reform Act doesn't apply to USADF, and that the president has the authority to designate acting members of the agency's board until the Senate confirms his nominees. Any claims about the cuts themselves, Pirro said, must be handled in the Court of Federal Claims, not the federal district court. The judge found in a separate case that Trump had the legal authority to fire the previous members of the USADF board. Pirro wrote in court documents in that case that the president also has the legal authority to appoint someone to run the USADF, consistent with Trump's policy goals, until the Senate could confirm his nominees.
New Indian Express
02-07-2025
- Politics
- New Indian Express
Federal judge halts the Trump administration from dismantling the US African Development Foundation
WASHINGTON: A federal judge on Tuesday temporarily blocked the Trump administration from dismantling a U.S. federal agency that invests in African small businesses. U.S. District Judge Richard Leon in Washington, D.C., ruled that Trump violated federal law when he appointed Pete Marocco the new head of the U.S. African Development Foundation, or USDAF, because Marocco was never confirmed by Congress. As a result, Marocco's actions — terminating most of the agency's employees and effectively ending the agency's grants — are void and must be undone, the judge found. Congress created USADF as an independent agency in 1980, and its board members must be confirmed by the U.S. Senate. In 2023, Congress allocated $46 million to the agency to invest in small agricultural and energy infrastructure projects and other economic development initiatives in 22 African countries. On February 19, Trump issued an executive order that said USADF, the U.S. Institute of Peace, the Inter-American Foundation and the Presidio Trust should be scaled back to the minimum presence required by law. Trump also fired the agency's board members and installed Marocco as the board chair. Two USDAF staffers and a consulting firm based in Zambia that works closely with USADF sued on May 21, challenging Marocco's appointment and saying the deep cuts to the agency prevented it from carrying out its congressionally mandated functions. The staffers and consulting firm asked the judge for a preliminary injunction, saying Marocco's 'slash-and-burn approach' threatened to reduce the agency to rubble before their lawsuit is resolved. They said the Federal Vacancies Reform Act prohibited Marocco's appointment to USADF, and that the same law requires that any actions done by an unlawfully appointed person must be unwound. 'This is a victory for the rule of law and the communities that rely on USADF's vital work,' said Joel McElvain, senior legal adviser at Democracy Forward, the organization representing the USDAF staffers and consulting firm in their lawsuit. 'We will continue fighting against these power grabs to protect USADF's ability to fulfill the mission that Congress gave it to perform.' U.S. Attorney Jeanine Pirro had written in court documents that the Federal Vacancies Reform Act doesn't apply to USADF, and that the president has the authority to designate acting members of the agency's board until the Senate confirms his nominees. Any claims about the cuts themselves, Pirro said, must be handled in the Court of Federal Claims, not the federal district court. The judge found in a separate case that Trump had the legal authority to fire the previous members of the USADF board. Pirro wrote in court documents in that case that the president also has the legal authority to appoint someone to run the USADF, consistent with Trump's policy goals, until the Senate could confirm his nominees.
Winnipeg Free Press
02-07-2025
- Politics
- Winnipeg Free Press
Federal judge halts the Trump administration from dismantling the US African Development Foundation
A federal judge on Tuesday temporarily blocked the Trump administration from dismantling a U.S. federal agency that invests in African small businesses. U.S. District Judge Richard Leon in Washington, D.C., ruled that Trump violated federal law when he appointed Pete Marocco the new head of the U.S. African Development Foundation, or USDAF, because Marocco was never confirmed by Congress. As a result, Marocco's actions — terminating most of the agency's employees and effectively ending the agency's grants — are void and must be undone, the judge found. Congress created USADF as an independent agency in 1980, and its board members must be confirmed by the U.S. Senate. In 2023, Congress allocated $46 million to the agency to invest in small agricultural and energy infrastructure projects and other economic development initiatives in 22 African countries. On Feb. 19, Trump issued an executive order that said USADF, the U.S. Institute of Peace, the Inter-American Foundation and the Presidio Trust should be scaled back to the minimum presence required by law. Trump also fired the agency's board members and installed Marocco as the board chair. Two USDAF staffers and a consulting firm based in Zambia that works closely with USADF sued on May 21, challenging Marocco's appointment and saying the deep cuts to the agency prevented it from carrying out its congressionally mandated functions. The staffers and consulting firm asked the judge for a preliminary injunction, saying Marocco's 'slash-and-burn approach' threatened to reduce the agency to rubble before their lawsuit is resolved. They said the Federal Vacancies Reform Act prohibited Marocco's appointment to USADF, and that the same law requires that any actions done by an unlawfully appointed person must be unwound. 'This is a victory for the rule of law and the communities that rely on USADF's vital work,' said Joel McElvain, senior legal adviser at Democracy Forward, the organization representing the USDAF staffers and consulting firm in their lawsuit. 'We will continue fighting against these power grabs to protect USADF's ability to fulfill the mission that Congress gave it to perform.' U.S. Attorney Jeanine Pirro had written in court documents that the Federal Vacancies Reform Act doesn't apply to USADF, and that the president has the authority to designate acting members of the agency's board until the Senate confirms his nominees. Any claims about the cuts themselves, Pirro said, must be handled in the Court of Federal Claims, not the federal district court. The judge found in a separate case that Trump had the legal authority to fire the previous members of the USADF board. Pirro wrote in court documents in that case that the president also has the legal authority to appoint someone to run the USADF, consistent with Trump's policy goals, until the Senate could confirm his nominees. ___ AP journalist Lisa Baumann in Bellingham, Washington, contributed to this report.
