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DOJ defends Alina Habba’s appointment as New Jersey U.S. attorney in court challenges
DOJ defends Alina Habba’s appointment as New Jersey U.S. attorney in court challenges
Philadelphia, PA
The Department of Justice returned to court to uphold Alina Habba’s appointment as acting U.S. attorney for New Jersey. Criminal defendants argue her appointment was unlawful, claiming it disqualifies her from prosecuting them.
A panel from the 3rd U.S. Circuit Court of Appeals, composed of Judges L. Felipe Restrepo, D. Michael Fisher, and D. Brooks Smith, questioned the legality of Habba’s appointment. They explored the intersection of federal statutes regarding the appointment of U.S. attorneys, which must be confirmed by the Senate.
Defendants Julien Giraud Jr., Julien Giraud III, and Cesar Pina contended that Judge Matthew Brann of the Middle District of Pennsylvania correctly determined that Habba was not lawfully serving. The DOJ countered that Brann’s decision would impede the government’s ability to fill thousands of important positions.
Judge Brann did not dismiss the indictment against the defendants but noted that the executive branch operated through novel legal methods in appointing Habba. The DOJ cited 5 U.S. Code § 3345 and the Federal Vacancies Reform Act as the basis for her role as acting U.S. attorney.
Habba, once a personal attorney for Donald Trump, was first named interim U.S. attorney in March. Her temporary appointment allowed for a 120-day tenure, which had to conclude with Senate confirmation or a federal court appointment.
Throughout her interim period, Habba’s nomination remained pending in the Senate, leading to federal judges appointing Desiree Grace as U.S. attorney. Following Trump’s decision to withdraw Habba’s nomination, she resigned from the interim position and was named the first assistant.
Attorney General Pam Bondi reacted by dismissing Grace, asserting that rogue judges disrupted Trump’s powers. Habba subsequently secured a position as a “Special Attorney to the United States Attorney General.”
During arguments on Monday, Henry Whitaker from the DOJ defended Habba’s appointment, stating it was within statute. However, he acknowledged that the circumstances surrounding her appointment were unique.
The panel probed whether the sequence of events surrounding Habba’s appointment posed serious constitutional implications. Judge Smith remarked that the case involved fundamental issues surrounding the appointment of U.S. attorneys and Separation of Powers.
Whitaker maintained that Habba could fulfill her role without being subject to time limits as a special attorney. He argued the statutes were being applied properly, though he recognized that specific precedents were lacking.
Lawyer Abbe Lowell, representing the defendants, criticized the legal framework surrounding Habba’s appointment. He claimed it allowed an individual to operate indefinitely without Senate confirmation.
The court heard claims from amicus James Pearce, representing the Association of Criminal Defense Lawyers in New Jersey. Pearce stressed that endorsing this legal maneuver could lead to a shadow government of delegated U.S. attorneys.
Whitaker contended that precedents exist for delegated authority under federal law. He noted that challenges to Habba’s appointment were unprecedented and had emerged from unique circumstances.
The implications of this ruling could significantly impact future appointments of acting U.S. attorneys across the country. The case highlights ongoing tensions between judicial authority and executive power in appointing key government officials.
State’s attorney partners with business school to combat financial crimes
State’s attorney partners with business school to combat financial crimes
COLLEGE PARK, MD – State’s Attorney Charlie Smith has announced a partnership with Justice for Fraud Victims, Inc. to address financial crimes in Frederick. The nonprofit, which collaborates with the University of Maryland Smith School of Business, aims to support victims of economic crimes.
The Justice for Fraud Victims, directed by Samuel Handwerger, is composed of financial professionals and retired F.B.I. investigators. The organization has already partnered with the State’s Attorney for Prince Georges County and has produced numerous court exhibits in various cases.
The JFV offers free services that include fraud examination and detailed fraud reports on cases such as embezzlement and payroll fraud. Its team also performs tracing of stolen funds within public blockchain systems and conducts risk assessments for small businesses and nonprofits.
“Fraud victims are underserved due to the lack of necessary investigation and resources needed to make a case for prosecution,” said State’s Attorney Charlie Smith. He emphasized the importance of forensic accounting reports in determining the criminal nature of a case.
In a recent jury case involving elder fraud, UMD student volunteers contributed to the production of a comprehensive 40-page report. The report included data analytics and visualizations, analyzing over a year’s worth of bank statements and recorded calls.
The partnership will allow the Smith School of Business to extend its forensic accounting training programs this fall. The initiative is part of a broader network involving several universities across the country that tackle similar issues in their regions.
Charlie Smith, a finance graduate from the University of Maryland, anticipates that this collaboration will enhance justice for fraud victims in Frederick.
In a significant move to address fraud, local leaders partner with academic professionals to bring justice to financial crime victims.
Four detained in police bust involving loaded handguns
Four detained in police bust involving loaded handguns
UTICA, NY — Utica Police detained four individuals related to a firearms investigation on Wager Street on Wednesday night. The incident occurred at approximately 9:45 PM during proactive patrols by the Crime Prevention Unit.
Officers observed a vehicle with multiple occupants, prompting a stop for traffic violations. Upon approach, officers noticed a light/laser attachment for a handgun in plain view.
The occupants were asked to exit the vehicle, which led to a search of the interior. A loaded 9mm Smith & Wesson handgun was discovered under the driver’s seat while a second loaded Taurus 9mm was found in the glove compartment.
All parties were transported to the Utica Police Department for further questioning. Due to the inability to determine ownership of the firearms, charges were filed against all four.
Neveah Baez, 21, of Rome, and Jesen Blackshear, 19, Michael Reed, 18, and Marcus Reed, 26, all from Utica, received multiple charges including criminal possession of a weapon in the second degree and possession of a firearm.
No further details about the circumstances surrounding the stop were released. The situation remains under investigation.
This bust highlights ongoing efforts to curb illegal weapon possession in the city.
