Alina Habba’s legal authority as prosecutor is being challenged in a criminal lawsuit. Thuy 658

A lawyer is working on a criminal lawsuit in New Jersey challenging Alina Habba’s legitimacy to lead the U.S. attorney’s office in the state. The lawsuit highlights the Trump administration’s unconventional approach of appointing officials who sometimes lack the background or congressional support necessary to lead key offices. A motion filed on Sunday claims that the way the Trump administration restored Habba’s authority over the office was “unconstitutional.” Attorney Thomas Mirigliano asks the court to dismiss the indictment or stop Habba and any other attorney acting under “her purported authority” from prosecuting the case. The defendant, Julien Giraud Jr., faces charges in a drug and gun-related case. The U.S. Attorney’s Office in New Jersey did not immediately respond to Axios’ request for comment. Habba is Trump’s second U.S. attorney nominee that was unable to receive Senate confirmation, underscoring the administration’s untraditional approach to appointments. The trial to decide the matter is scheduled to begin on Aug. 4.

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