In a challenge with wide-ranging implications for checks on executive power, Democracy Defenders Fund and its legal partners filed a motion Monday to dismiss a federal indictment issued by Alina Habba, Interim U.S. Attorney for the District of New Jersey, alleging she had no lawful authority to hold the position at the time she filed charges.

The motion targets an indictment filed on July 7 against New Jersey developer Cesar Pina, who was charged with financial misconduct. The motion argues that Habba, who signed the indictment, had no lawful authority to do so because her statutory appointment had expired days earlier on July 1. Under federal law, interim appointments made by the Attorney General are valid for no more than 120 days and must be followed by a district court appointment, a process that was never completed.

“Any actions taken by Ms. Habba in her capacity as Interim U.S. Attorney after July 1 were without proper authority and are therefore null and void,” the motion states. It further contends that neither Attorney General Pam Bondi nor the President had the legal authority to reappoint or extend Habba’s term, and that such attempts violated both statutory limits and constitutional safeguards.

“This case raises a fundamental question about whether the executive branch can sidestep Congress and install political allies in powerful law enforcement roles without legal authority,” said Norm Eisen, executive chair of Democracy Defenders Fund. “We’re drawing a line here.”

The legal action is part of a broader effort to challenge a pattern of unlawful interim appointments aimed at consolidating political control over our legal system and courts. The motion also seeks to bar Habba from any continued involvement in the case.

The filing is HERE.