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CNN
a day ago
- Politics
- CNN
Habba is confident she'll be the top US attorney in New Jersey, but it's chaos in the meantime
Federal criminal cases in New Jersey remain in chaos with judges postponing sentencings, plea hearings and status conferences this week as questions swirl about the authority of former Donald Trump lawyer Alina Habba to serve as the acting US attorney. It's not clear how long the pause in activity will last. 'Right now in the District of New Jersey there are bail hearings happening and initial appearances, but otherwise the practice of criminal law is at a standstill,' said a criminal defense lawyer who practices in the state. 'You can't have that happen.' The issue is currently playing out in a drug case, where a lawyer is attempting to have charges dismissed based on the argument that Habba is not serving legally. A federal judge from Pennsylvania, who was transferred the case to hear the arguments, said Tuesday he will first decide whether the defendants, Julien Giraud Jr. and Julien Giraud III, are entitled to any benefit – including the dismissal of his indictment – even if Habba was appointed illegally. The judge said he will only decide the issue of whether Habba is appointed lawfully if necessary. Judge Matthew Brann said the Justice Department provided 'persuasive authority' that even if Habba was appointed illegally that the case should proceed. The Justice Department argued the indictment was handed up last year under a Senate-approved US attorney and authority is conferred to prosecutors on the case through the attorney general. 'It may be the case that determining what relief is available to the Girauds is inextricably bound up with the extent of the statutory or constitutional violation, if any, thereby rendering consideration of the merits question necessary in any event,' said Brann, the chief judge for the Middle District of Pennsylvania, in an order Tuesday. Habba told CNN, 'I am confident we will win any and all attempts to thwart the well established Article II powers of the Executive Branch and the President of the United States.' The tug of war over whether Habba is legally the acting US attorney in New Jersey comes as the White House has faced difficulty getting its picks for US attorney positions through Congress or adopted by federal judges. The fallout in New Jersey could foreshadow potential challenges in other districts, which could have broader implications on the criminal justice system. The broad near-term impact was referenced by the New Jersey judge overseeing the Giruads' case, before it was transferred to Pennsylvania. 'I don't know ultimately how it's going to end up; but that motion, depending on how it's resolved, may affect how this case is going to proceed. And as a result of that, I think you'll soon find out that other judges are going to stay whatever criminal matters there are pending,' Judge Edward Kiel said during a hearing on Monday when he postponed the trial, according to a transcript of the proceeding. Kiel said decisions made now, such as plea agreements, may need to be redone in the future if the US attorney is invalidated. Plea hearings scheduled for this week were postponed with no future date, according to several lawyers and court dockets. Sentencing in other cases were also postponed. The federal public defender's office in New Jersey is urging the judge to rule narrowly on the issues before him in the Giruads' case. In a letter Tuesday, the defenders' office noted the potential ramifications of the ruling, adding there are other circumstances that could warrant further legal briefing, such as indictments, grand jury subpoenas and other documents that are signed by Habba. 'Because that is a separate question that is not raised by the facts of this case and has not been fully briefed, I respectfully request that the Court not address it at this time,' wrote K. Anthony Thomas, the federal public defender in the state. It's unclear whether other defendants will challenge Habba's authority. Habba was first appointed by Trump as interim US attorney in March, a position that expired at 120 days. Habba selected as First Assistant US Attorney Desiree Grace, a well-respected prosecutor in the office. The district court in New Jersey earlier this month declined to appoint Habba US attorney and instead elected Grace to serve as US attorney. Attorney General Pam Bondi fired Grace and Habba resigned her position. Bondi appointed Habba as a special attorney and designated her as the first assistant US attorney, effectively making her acting US attorney again. The Justice Department argues Habba's appointment is valid under the Federal Vacancies Reform Act and other executive powers. 'Whether or not Ms. Habba technically qualifies as Acting United States Attorney, the Attorney General has validly delegated to her the authority to supervise all pending prosecutions and other matters in the USAO-NJ, subject in turn to the supervision by the Attorney General and Deputy Attorney General, both of whom are Senate-confirmed,' the Justice Department wrote in a court filing Tuesday. 'The FVRA therefore permits her to 'perform the functions and duties of the office' of United States Attorney 'in an acting capacity' for as long as she serves as First Assistant, until the statutory time limits expire or a permanent officeholder is nominated and confirmed.' Lawyers say whether the uncertainty helps or hurts clients is a case-by-case matter but for now it's causing chaos. One attorney, who did not want to be identified, said everyone is trying to figure out what to do. 'I think right now they're building the plane as they're flying it,' the attorney said.
CNN
a day ago
- Politics
- CNN
Habba is confident she'll be the top US attorney in New Jersey, but it's chaos in the meantime
Federal criminal cases in New Jersey remain in chaos with judges postponing sentencings, plea hearings and status conferences this week as questions swirl about the authority of former Donald Trump lawyer Alina Habba to serve as the acting US attorney. It's not clear how long the pause in activity will last. 'Right now in the District of New Jersey there are bail hearings happening and initial appearances, but otherwise the practice of criminal law is at a standstill,' said a criminal defense lawyer who practices in the state. 'You can't have that happen.' The issue is currently playing out in a drug case, where a lawyer is attempting to have charges dismissed based on the argument that Habba is not serving legally. A federal judge from Pennsylvania, who was transferred the case to hear the arguments, said Tuesday he will first decide whether the defendants, Julien Giraud Jr. and Julien Giraud III, are entitled to any benefit – including the dismissal of his indictment – even if Habba was appointed illegally. The judge said he will only decide the issue of whether Habba is appointed lawfully if necessary. Judge Matthew Brann said the Justice Department provided 'persuasive authority' that even if Habba was appointed illegally that the case should proceed. The Justice Department argued the indictment was handed up last year under a Senate-approved US attorney and authority is conferred to prosecutors on the case through the attorney general. 'It may be the case that determining what relief is available to the Girauds is inextricably bound up with the extent of the statutory or constitutional violation, if any, thereby rendering consideration of the merits question necessary in any event,' said Brann, the chief judge for the Middle District of Pennsylvania, in an order Tuesday. Habba told CNN, 'I am confident we will win any and all attempts to thwart the well established Article II powers of the Executive Branch and the President of the United States.' The tug of war over whether Habba is legally the acting US attorney in New Jersey comes as the White House has faced difficulty getting its picks for US attorney positions through Congress or adopted by federal judges. The fallout in New Jersey could foreshadow potential challenges in other districts, which could have broader implications on the criminal justice system. The broad near-term impact was referenced by the New Jersey judge overseeing the Giruads' case, before it was transferred to Pennsylvania. 'I don't know ultimately how it's going to end up; but that motion, depending on how it's resolved, may affect how this case is going to proceed. And as a result of that, I think you'll soon find out that other judges are going to stay whatever criminal matters there are pending,' Judge Edward Kiel said during a hearing on Monday when he postponed the trial, according to a transcript of the proceeding. Kiel said decisions made now, such as plea agreements, may need to be redone in the future if the US attorney is invalidated. Plea hearings scheduled for this week were postponed with no future date, according to several lawyers and court dockets. Sentencing in other cases were also postponed. The federal public defender's office in New Jersey is urging the judge to rule narrowly on the issues before him in the Giruads' case. In a letter Tuesday, the defenders' office noted the potential ramifications of the ruling, adding there are other circumstances that could warrant further legal briefing, such as indictments, grand jury subpoenas and other documents that are signed by Habba. 'Because that is a separate question that is not raised by the facts of this case and has not been fully briefed, I respectfully request that the Court not address it at this time,' wrote K. Anthony Thomas, the federal public defender in the state. It's unclear whether other defendants will challenge Habba's authority. Habba was first appointed by Trump as interim US attorney in March, a position that expired at 120 days. Habba selected as First Assistant US Attorney Desiree Grace, a well-respected prosecutor in the office. The district court in New Jersey earlier this month declined to appoint Habba US attorney and instead elected Grace to serve as US attorney. Attorney General Pam Bondi fired Grace and Habba resigned her position. Bondi appointed Habba as a special attorney and designated her as the first assistant US attorney, effectively making her acting US attorney again. The Justice Department argues Habba's appointment is valid under the Federal Vacancies Reform Act and other executive powers. 'Whether or not Ms. Habba technically qualifies as Acting United States Attorney, the Attorney General has validly delegated to her the authority to supervise all pending prosecutions and other matters in the USAO-NJ, subject in turn to the supervision by the Attorney General and Deputy Attorney General, both of whom are Senate-confirmed,' the Justice Department wrote in a court filing Tuesday. 'The FVRA therefore permits her to 'perform the functions and duties of the office' of United States Attorney 'in an acting capacity' for as long as she serves as First Assistant, until the statutory time limits expire or a permanent officeholder is nominated and confirmed.' Lawyers say whether the uncertainty helps or hurts clients is a case-by-case matter but for now it's causing chaos. One attorney, who did not want to be identified, said everyone is trying to figure out what to do. 'I think right now they're building the plane as they're flying it,' the attorney said.
CNN
a day ago
- Politics
- CNN
Habba is confident she'll be the top US attorney in New Jersey, but it's chaos in the meantime
FacebookTweetLink Federal criminal cases in New Jersey remain in chaos with judges postponing sentencings, plea hearings and status conferences this week as questions swirl about the authority of former Donald Trump lawyer Alina Habba to serve as the acting US attorney. It's not clear how long the pause in activity will last. 'Right now in the District of New Jersey there are bail hearings happening and initial appearances, but otherwise the practice of criminal law is at a standstill,' said a criminal defense lawyer who practices in the state. 'You can't have that happen.' The issue is currently playing out in a drug case, where a lawyer is attempting to have charges dismissed based on the argument that Habba is not serving legally. A federal judge from Pennsylvania, who was transferred the case to hear the arguments, said Tuesday he will first decide whether the defendants, Julien Giraud Jr. and Julien Giraud III, are entitled to any benefit – including the dismissal of his indictment – even if Habba was appointed illegally. The judge said he will only decide the issue of whether Habba is appointed lawfully if necessary. Judge Matthew Brann said the Justice Department provided 'persuasive authority' that even if Habba was appointed illegally that the case should proceed. The Justice Department argued the indictment was handed up last year under a Senate-approved US attorney and authority is conferred to prosecutors on the case through the attorney general. 'It may be the case that determining what relief is available to the Girauds is inextricably bound up with the extent of the statutory or constitutional violation, if any, thereby rendering consideration of the merits question necessary in any event,' said Brann, the chief judge for the Middle District of Pennsylvania, in an order Tuesday. Habba told CNN, 'I am confident we will win any and all attempts to thwart the well established Article II powers of the Executive Branch and the President of the United States.' The tug of war over whether Habba is legally the acting US attorney in New Jersey comes as the White House has faced difficulty getting its picks for US attorney positions through Congress or adopted by federal judges. The fallout in New Jersey could foreshadow potential challenges in other districts, which could have broader implications on the criminal justice system. The broad near-term impact was referenced by the New Jersey judge overseeing the Giruads' case, before it was transferred to Pennsylvania. 'I don't know ultimately how it's going to end up; but that motion, depending on how it's resolved, may affect how this case is going to proceed. And as a result of that, I think you'll soon find out that other judges are going to stay whatever criminal matters there are pending,' Judge Edward Kiel said during a hearing on Monday when he postponed the trial, according to a transcript of the proceeding. Kiel said decisions made now, such as plea agreements, may need to be redone in the future if the US attorney is invalidated. Plea hearings scheduled for this week were postponed with no future date, according to several lawyers and court dockets. Sentencing in other cases were also postponed. The federal public defender's office in New Jersey is urging the judge to rule narrowly on the issues before him in the Giruads' case. In a letter Tuesday, the defenders' office noted the potential ramifications of the ruling, adding there are other circumstances that could warrant further legal briefing, such as indictments, grand jury subpoenas and other documents that are signed by Habba. 'Because that is a separate question that is not raised by the facts of this case and has not been fully briefed, I respectfully request that the Court not address it at this time,' wrote K. Anthony Thomas, the federal public defender in the state. It's unclear whether other defendants will challenge Habba's authority. Habba was first appointed by Trump as interim US attorney in March, a position that expired at 120 days. Habba selected as First Assistant US Attorney Desiree Grace, a well-respected prosecutor in the office. The district court in New Jersey earlier this month declined to appoint Habba US attorney and instead elected Grace to serve as US attorney. Attorney General Pam Bondi fired Grace and Habba resigned her position. Bondi appointed Habba as a special attorney and designated her as the first assistant US attorney, effectively making her acting US attorney again. The Justice Department argues Habba's appointment is valid under the Federal Vacancies Reform Act and other executive powers. 'Whether or not Ms. Habba technically qualifies as Acting United States Attorney, the Attorney General has validly delegated to her the authority to supervise all pending prosecutions and other matters in the USAO-NJ, subject in turn to the supervision by the Attorney General and Deputy Attorney General, both of whom are Senate-confirmed,' the Justice Department wrote in a court filing Tuesday. 'The FVRA therefore permits her to 'perform the functions and duties of the office' of United States Attorney 'in an acting capacity' for as long as she serves as First Assistant, until the statutory time limits expire or a permanent officeholder is nominated and confirmed.' Lawyers say whether the uncertainty helps or hurts clients is a case-by-case matter but for now it's causing chaos. One attorney, who did not want to be identified, said everyone is trying to figure out what to do. 'I think right now they're building the plane as they're flying it,' the attorney said.
Time of India
10-07-2025
- Business
- Time of India
Over 2,000 senior-level NASA employees resign, one 'warns': Things just sound like it's going to get ..
NASA is facing a significant loss of expertise, with 2,145 senior-level employees in GS-13 to GS-15 positions, including 875 GS-15 staff, set to depart, according to internal documents cited by Politico. Tired of too many ads? go ad free now These employees, who represent critical managerial and technical expertise, make up the majority of the 2,694 civil staff accepting early retirement, buyouts, or deferred resignations as part of broader federal workforce reduction efforts. Is it Exodus at NASA The exodus spans NASA's core mission areas, with 1,818 staff from science and human space flight roles leaving, alongside others in support functions like IT and finance. 'You're losing the managerial and core technical expertise of the agency,' warned Casey Dreier, chief of space policy at The Planetary Society, questioning the strategy behind the departures align with a proposed 2026 White House budget that would cut NASA's funding by 25% and reduce staff by over 5,000, shrinking the agency to its smallest size since the early 1960s. All 10 NASA regional centers are affected, with Goddard Space Flight Center losing 607 staff, Johnson Space Center 366, Kennedy Space Center 311, NASA headquarters 307, Langley Research Center 281, Marshall Space Flight Center 279, and Glenn Research Center 191. Lot of experience drain While some cuts, like those at Goddard, align with White House goals, the loss of staff critical to lunar missions by mid-2027 and future Mars plans raises concerns. A departing NASA staffer, speaking anonymously, described the cuts as causing 'a lot of experience drain,' potentially disrupting operations. 'You're losing the managerial and core technical expertise of the agency,' said Casey Dreier, chief of space policy at The Planetary Society. Tired of too many ads? go ad free now 'What's the strategy and what do we hope to achieve here?' A an employee who has resigned described their decision to leave as influenced in part by fear of the proposed NASA budget cuts and the lack of a Senate-approved NASA administrator: 'Things just sound like it's going to get worse.' The staffer cited fears of deeper budget cuts and the absence of a Senate-approved NASA administrator as factors in their decision to only half of the White House's targeted 5,000 staff reductions met, further involuntary cuts loom if participation in the deferred resignation program, ending July 25, falls short. However, Congress could reject these proposals, as the Senate Commerce Committee has signaled support for retaining NASA staff in a March bill.
Politico
09-07-2025
- Politics
- Politico
Over 2,000 senior staff set to leave NASA under agency push
At Johnson, home of NASA's human space flight operations, 366 staff are set to leave, or nearly all of the 419 staff the White House envisioned cutting in its 2026 budget. At Kennedy, home to NASA's primary rocket launch site, 311 have left out of a White House target of 504. With NASA still accepting deferred resignations, more could easily leave. 'NASA remains committed to our mission as we work within a more prioritized budget,' said NASA spokesperson Bethany Stevens. 'We are working closely with the Administration to ensure that America continues to lead the way in space exploration, advancing progress on key goals, including the Moon and Mars.' Even small losses, meanwhile, have a large impact. NASA's legislative affairs staff, which helps answer questions from Congress on the agency's mission, is seeing five staffers leave. That office typically numbers around 35, meaning a staff reduction of nearly 15 percent, according to a former staffer, granted anonymity to discuss staffing levels. A second NASA staffer departing the agency, granted anonymity to discuss their decision, said the large percentage of people leaving their office would likely affect operations. 'It's very significant,' he said. 'It's leaving us with a lot of experience drain.' The departing staffer described their decision to leave as influenced in part by fear of the proposed NASA budget cuts and the lack of a Senate-approved NASA administrator: 'Things just sound like it's going to get worse.' The 2,694 civil servants who have left are just half of the total cuts the White House wants to see, opening the door for involuntary cuts if more employees don't participate in the deferred resignation program, which runs through July 25. The White House's proposed cuts to staff and budget are not yet law, of course, and the appropriators in Congress could reject the White House's vision for NASA. The Senate Commerce Committee, which covers NASA, signaled it supported retaining staff in a bill issued in March. However, even if Congress decides to reject the White House cuts, the agency may have a hard time getting employees back. NASA employees with relevant skills can work for the growing number of space companies with higher salaries or could leave for non-space industries that see their skills as valuable, like companies engaged in robotics. The NASA employee taking the deferred resignation forecast that those departing would create a lack of leadership in years to come: 'There's going to be a pretty notable gap of that 'next-up' cohort,' he said.
