Aidan O’Connor Quoted in The New Jersey Law Journal, “Floodgates Open? Alina Habba's Standing Challenged in Court”

Aidan P. O’Connor, partner and co-chair of the Criminal Defense and Investigations practice groups at Pashman Stein Walder Hayden P.C., was quoted in a New Jersey Law Journal article, “Floodgates Open? Alina Habba's Standing Challenged in Court.” The article discusses how a federal defendant is challenging Alina Habba’s authority as acting U.S. Attorney for New Jersey, arguing her continued service beyond the legal appointment period is unconstitutional.

Julien Giraud Jr., who faces a trial on Aug. 4 on drug charges, filed a legal challenge to Habba's authority. Giraud seeks to have the case brought against him dismissed, or, alternatively, injunctive relief barring Habba or any assistant U.S. attorney acting under her purported authority from exercising further prosecutorial powers in his case.

Giraud's filing claims Habba's most recent reappointment violates the Federal Vacancies Reform Act, or FVRA, which explicitly prohibits individuals whose nominations have been submitted to the Senate from serving in an acting capacity for the same office, regardless of subsequent withdrawal of the nomination. Habba's nomination submission triggered that statutory provision, Giraud claims in court papers.

Aidan O’Connor said there are pros and cons to filing such a motion—first and foremost whether the tactic could negatively affect a client’s ability to negotiate a plea deal with the office.

“Will they treat you harsher? On the other hand, charges have to be brought by someone legally in the position,” said O’Connor.

To read the full article, click here.