Case: United States v. Giraud III

1:24-cr-00768 | U.S. District Court for the District of New Jersey

Filed Date: Dec. 7, 2021

Case Ongoing

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Case Summary

This is one of two criminal cases in which a defendant moved to disqualify Acting United States Attorney for the District of New Jersey, Alina Habba. The second case is here. On November 21, 2024, a federal grand jury in the District of New Jersey indicted the defendants on drug and firearm offenses. The indictment was signed by the United States Attorney for the District of New Jersey, Philip R. Sellinger, a Biden appointee. In accordance with standard practice, Mr. Sellinger resigned from his…

This is one of two criminal cases in which a defendant moved to disqualify Acting United States Attorney for the District of New Jersey, Alina Habba. The second case is here.

On November 21, 2024, a federal grand jury in the District of New Jersey indicted the defendants on drug and firearm offenses. The indictment was signed by the United States Attorney for the District of New Jersey, Philip R. Sellinger, a Biden appointee.

In accordance with standard practice, Mr. Sellinger resigned from his position at the end of Biden's presidency. First Assistant United States Attorney Vikas Khanna became Acting United States Attorney for the district, until March 3, 2025. The Trump Administration then appointed John Giordano as Interim United States Attorney. Mr. Giordano held this role for three weeks, until Trump announced via social media that "Alina Habba will be our interim U.S. Attorney for the District of New Jersey effective immediately." Ms. Habba did not assume the role of Interim United States attorney until she was sworn in on March 28, 2025.

Under the Vacancies Act, 5 U.S.C. §§ 3345–3349d, interim appointments are time limited until either the Senate confirms a nominee or the expiration of 120 days after appointment, whichever is earlier. This meant that Ms. Habba's term could, at the most, last until July 26, 2025.

In anticipation of the expiration of Ms. Habba's term, the Judges of the United States District Court for the District of New Jersey invoked their statutory power to appoint a United States Attorney, Desiree Grace (Ms. Habba's First Assistant). Todd Blanche, the deputy attorney general, in a statement on X, accused "[t]he district court judges in NJ [of] trying to force out [Ms. Habba] before her term expires at 11:59 p.m. Friday.” In response, U.S. Attorney General Pam Bondi announced that Ms. Grace was removed "pursuant to the President's authority."

The Trump Administration then took multiple actions to ensure that Ms. Habba remained in her role. First, Ms. Habba's nomination was withdrawn. Second, Ms. Habba resigned from her position. Third, Ms. Bondi appointed Ms. Habba as a "Special Attorney to the Attorney General" and authorized her to conduct any kind of legal proceeding that United States Attorneys are authoized to conduct. Ms. Bondi then appointed Ms. Habba to the position of First Assistant United States Attorney, which was now vacant due to Ms. Grace's termination. According to the government, Ms. Habba was then elevated to the position of Acting United States Attorney.

On Saturday, July 26, the date on which Ms. Grace's appointment would have become effective, Trump Administration officials sent a letter to Ms. Grace informing her that her appointment had not become effective because Ms. Habba's term as Interim U.S. Attorney never "expired." At the end of the letter, Administration officials notified Ms. Grace that she was effectively removed from the office by the authority of the President.

Defendant Giraud Jr. filed his motion to dismiss and disqualify the next day, Sunday, July 27, 2025, arguing that Ms. Habba's appointment to the Acting United States Attorney position was illegal; Defendant Giraud III moved to join the motion the next day. This case was originally assigned to Judge Edward S. Kiel, who stayed the pretrial proceedings pending the resolution of the motion. The case was then assigned to Chief District Judge Matthew W. Brann who was also assigned "all other related proceedings."

The court ordered briefing on the "threshold" issue of “whether the Girauds were entitled to any relief assuming Ms. Habba’s appointment was illegal.” The court determined that the Girauds would not be entitled to dismissal of their indictment, but that their request to disqualify Ms. Habba raised a viable basis for relief. 2025 WL 2196794.

Cesar Humberto Pina, the defendant in United States v. Pina, filed a motion to dismiss that raised arguments that substantially overlapped with the Giuards' motion. On August 13, 2025, all participants agreed to combine the motions for a single oral argument.

After oral argument, the court concluded that Ms. Habba was not statutorily eligible to perform the duties of the United States Attorney, and that she had unlawfully held the role since July 24, 2025. The court rejected the argument that Ms. Habba's conduct was permissible pursuant to her appointment as a Special Attorney. Since the court resolved the claims through statutory analysis, the court declined to reach the question of whether Ms. Habba's appointment violated the Appointment Clause. The court ordered Ms. Habba be disqualified from participating in the prosecution of these matters. 2025 WL 2416737. However, the court stayed the order pending appeal. The government immediately appealed the order, on August 25, 2025.

En banc review was denied on January 27, 2026.

The Third Circuit affirmed the decision of the lower court. Judge Fischer, writing for the majority, held that the government's de facto U.S. Attorney-by-delegation theory is plainly prohibited by the FVRA’s exclusivity provision. 5 U.S.C. § 3347(a), (b). The government indicated its intent to file for a rehearing en banc and filed a petition on January 14, 2026. Less than two weeks later, the Third Circuit denied a petition for a rehearing by the panel and the court en banc after a majority of the judges of the circuit in regular service did not vote for rehearing. Consequently, on February 3, 2026, the Third Circuit issued its judgment affirming the district court's order disqualifying Ms. Habba from participating in the prosecution.

The district court then issued an order asking the parties to file a joint letter about whether or not the stay in the district court should be lifted and whether any issues remained to be presented before the court.

This case is ongoing.

Summary Authors

Jinan Abufarha (9/21/2025)

Maddy Ligon (2/8/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69409922/parties/united-states-v-giraud-iii/

Attorney for Plaintiff

Attorney for Defendant

AMORIELLO, GINA A. (New Jersey)

BOWMAN, ALAN (New Jersey)

Expert/Monitor/Master/Other

BENTLEY, LISA D. (New Jersey)

BERMAN, MARK A. (New Jersey)

BURTON-WALSH, ANNE (New Jersey)

Attorney for Plaintiff

COYNE, MARK E. (New Jersey)

Esq., Katherine T. (New Jersey)

NAVARRO, RACHELLE MARIE (New Jersey)

THOMPSON, ALISON (New Jersey)

WHITAKER, HENRY CHARLES (New Jersey)

Attorney for Defendant

AMORIELLO, GINA A. (New Jersey)

BOWMAN, ALAN (New Jersey)

Esq., Gina A. (New Jersey)

Other

BENTLEY, LISA D. (New Jersey)

BERMAN, MARK A. (New Jersey)

BURTON-WALSH, ANNE (New Jersey)

Esq., Debra Loevy, (New Jersey)

Esq., Thomas A. (New Jersey)

Esq., James I. (New Jersey)

Esq., R. Trent (New Jersey)

Esq., Anne Burton-Walsh, (New Jersey)

Esq., Mark A. (New Jersey)

GILLETTE, JOSHUA C. (New Jersey)

Pate, Frank Edwin (New Jersey)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:24-cr-00768	Criminal Complaint	Dec. 7, 2021	Dec. 7, 2021 Complaint
144 1:24-cr-00768	Memorandum Opinion	Aug. 21, 2025	Aug. 21, 2025 Order/Opinion 2025 WL 2416737
81 25-02635	Opinion of the Court U.S. Court of Appeals for the Third Circuit	Dec. 1, 2025	Dec. 1, 2025 Order/Opinion 160 F.4th 390
150 1:24-cr-00768	Judgment U.S. Court of Federal Claims	Feb. 3, 2026	Feb. 3, 2026 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69409922/united-states-v-giraud-iii/

Last updated April 20, 2026, 3:40 a.m.

ECF Number	Date	Description	Link
1	Dec. 7, 2021	COMPLAINT as to JULIEN GIRAUD III (1), JULIEN GIRAUD JR. (2). (smf, ) [2:21-mj-10433-MAH] (Entered: 12/08/2021)	Clearinghouse
4	Dec. 15, 2021	Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre:Initial Appearance as to JULIEN GIRAUD III held on 12/15/2021, Bond Hearing as to JULIEN GIRAUD III held on 12/15/2021, Bond set as to JULIEN GIRAUD III (1) $100,000 Unsecured Appearance Bond, etc. (LM, ) [2:21-mj-10433-MAH] (Entered: 12/22/2021)	RECAP
5	Dec. 15, 2021	ORDER Setting Conditions of Release as to JULIEN GIRAUD III (1) $100,000 Unsecured Appearance Bond, etc. (Finance notified) Signed by Magistrate Judge Leda D. Wettre on 12/15/21. (LM, ) [2:21-mj-10433-MAH] (Entered: 12/22/2021)	RECAP
6	Dec. 15, 2021	Unsecured Appearance Bond Entered as to JULIEN GIRAUD III in amount of $100,000. (LM, ) [2:21-mj-10433-MAH] (Entered: 12/22/2021)	RECAP
7	Dec. 15, 2021	BRADY ORDER as to JULIEN GIRAUD III. Signed by Magistrate Judge Leda D. Wettre on 12/15/21. (LM, ) [2:21-mj-10433-MAH] (Entered: 12/22/2021)	RECAP
	Dec. 15, 2021	Case unsealed as to JULIEN GIRAUD III, JULIEN GIRAUD JR. (LM, ) [2:21-mj-10433-MAH]
	Dec. 15, 2021	Arrest of JULIEN GIRAUD III, JULIEN GIRAUD JR. (LM, ) [2:21-mj-10433-MAH]
	Dec. 15, 2021	NOTICE OF ATTORNEY APPEARANCE: HASSEN I. ABDELLAH appearing for JULIEN GIRAUD III. (LM, ) [2:21-mj-10433-MAH]
13	Dec. 29, 2021	STANDING ORDER 2021-11 (COVID 19) excluding Speedy Trial time, under 18 U.S.C. 3161(h)(7)(A), from March 16, 2020 through January 31, 2022 in all criminal proceedings in this District under the Speedy Trial Act, including those proceedings commenced by complaint and time limits established by the Interstate Agreement of Detainers, etc. Signed by Chief Judge Freda L. Wolfson on 12/29/2021. (jqb, ) [2:21-mj-10433-MAH] (Entered: 01/10/2022)	RECAP
15	Feb. 23, 2022	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III Time excluded from 2/23/2022 until 5/8/2022. Signed by Magistrate Judge Michael A. Hammer on 2/23/2022. (jqb, ) [2:21-mj-10433-MAH] (Entered: 02/23/2022)	RECAP
16	May 10, 2022	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III Time excluded from 5/10/2022 until 6/10/2022. Signed by Magistrate Judge Michael A. Hammer on 5/10/2022. (jqb, ) [2:21-mj-10433-MAH] (Entered: 06/02/2022)	RECAP
18	June 24, 2022	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III Time excluded from 6/24/2022 until 8/24/2022. Signed by Magistrate Judge Michael A. Hammer on 6/24/2022. (bt) [2:21-mj-10433-MAH] (Entered: 06/24/2022)	RECAP
20	Oct. 24, 2022	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III Time excluded from 10/24/2022 until 12/23/2022. Signed by Magistrate Judge Douglas E. Arpert on 10/24/2022. (akw) [2:21-mj-10433-MAH] (Entered: 10/24/2022)	RECAP
24	June 2, 2023	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III Time excluded from 6/2/2023 until 9/1/2023. Signed by Magistrate Judge Michael A. Hammer on 6/2/2023. (akw) [2:21-mj-10433-MAH] (Entered: 06/05/2023)	RECAP
25	July 6, 2023	Substitution of Attorney - Attorney RACHELLE MARIE NAVARRO for USA added. Attorney TIMOTHY PATRICK SHAUGHNESSY terminated. (NAVARRO, RACHELLE) [2:21-mj-10433-MAH] (Entered: 07/06/2023)	RECAP
26	Sept. 14, 2023	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III Time excluded from 9/14/2023 until 12/1/2023. Signed by Magistrate Judge Michael A. Hammer on 9/14/2023. (jqb, ) [2:21-mj-10433-MAH] (Entered: 09/14/2023)	RECAP
27	Nov. 30, 2023	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III Time excluded from 11/30/2023 until 3/1/2024. Signed by Magistrate Judge Michael A. Hammer on 11/30/2023. (jqb, ) [2:21-mj-10433-MAH] (Entered: 12/01/2023)	RECAP
28	Feb. 28, 2024	TEXT ORDER as to JULIEN GIRAUD III: The Court has received the parties' proposed Order for Continuance to extend the the deadline until June 1, 2024. The Court is not satisfied that the parties have adequately explained the need for such a substantial extension under 18 U.S.C. sec. 3161(h)(7)(A), particularly in view of the fourteen (14) prior continuances already entered in this matter. Accordingly, on or before March 8, 2024, the parties will supplement the submission with a more specific explanation of how the extension is warranted under the circumstances. So Ordered by Magistrate Judge Michael A. Hammer on 2/28/2024. (Hammer, Michael) [2:21-mj-10433-MAH] (Entered: 02/28/2024)	RECAP
30	March 11, 2024	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR. - There will be a Status Conference on 3/14/2024 at 2:30 p.m. in Newark - Courtroom 2C before Magistrate Judge Michael A. Hammer.. So Ordered by Magistrate Judge Michael A. Hammer on 3/11/2024. (jqb, ) [2:21-mj-10433-MAH] (Entered: 03/11/2024)	RECAP
31	March 20, 2024	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR. - Per Counsel's request, the Status Conference is adjourned to 4/1/2024 at 12:30 p.m. in Newark - Courtroom 2C. So Ordered by Magistrate Judge Michael A. Hammer on 3/20/2024. (jqb, ) [2:21-mj-10433-MAH] (Entered: 03/20/2024)	RECAP
32	April 1, 2024	NOTICE OF ATTORNEY APPEARANCE: ALAN BOWMAN appearing for JULIEN GIRAUD III (jqb, ) [2:21-mj-10433-MAH] (Entered: 04/01/2024)	RECAP
34	April 1, 2024	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR. - Today's Status Conference is adjourned to 5/29/2024 at 12:00 p.m. in Newark - Courtroom 2C before Magistrate Judge Michael A. Hammer. So Ordered by Magistrate Judge Michael A. Hammer on 4/1/2024. (jqb, ) [2:21-mj-10433-MAH] (Entered: 04/01/2024)	RECAP
35	April 1, 2024	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Time excluded from 4/1/2024 until 6/1/2024. Signed by Magistrate Judge Michael A. Hammer on 4/1/2024. (jqb, ) [2:21-mj-10433-MAH] (Entered: 04/01/2024)	RECAP
37	May 20, 2024	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR. - In light of counsel's request 36, the Status Conference on 5/29/2024 is adjourned to 7/31/2024 at 12:45 p.m. in Newark - Courtroom 2C. So Ordered by Magistrate Judge Michael A. Hammer on 5/20/2024. (jqb, ) [2:21-mj-10433-MAH] (Entered: 05/20/2024)	RECAP
39	June 11, 2024	MOTION for Release of Brady Materials by JULIEN GIRAUD III as to JULIEN GIRAUD III, JULIEN GIRAUD JR.. (BOWMAN, ALAN) [2:21-mj-10433-MAH] (Entered: 06/11/2024)	RECAP
	June 12, 2024	CLERK'S QUALITY CONTROL MESSAGE - The Proposed Bail Modification Order filed by Alan Bowman, Esq. on 6/11/2024 was submitted incorrectly as a Motion for Release of Brady Materials. This submission also contains an order from an unrelated case/defendant. Please use the letter event and file a letter with a proposed order for Julien Giraud, III only. (jqb, ) [2:21-mj-10433-MAH]
40	June 14, 2024	MOTION for Certificate of Appealability by JULIEN GIRAUD III as to JULIEN GIRAUD III, JULIEN GIRAUD JR.. (BOWMAN, ALAN) [2:21-mj-10433-MAH] (Entered: 06/14/2024)	RECAP
41	June 14, 2024	MOTION to Amend/Correct by JULIEN GIRAUD III as to JULIEN GIRAUD III, JULIEN GIRAUD JR.. (BOWMAN, ALAN) [2:21-mj-10433-MAH] (Entered: 06/14/2024)	RECAP
	June 17, 2024	CLERK'S QUALITY CONTROL MESSAGE - The MOTION for Certificate of Appealability 40 filed by Alan Bowman, Esq. on 6/14/2024 contains an order from an unrelated case. The MOTION to Amend/Correct 41 filed by Alan Bowman, Esq. on 6/14/2024 does not include counsel's signature. Please resubmit one proposed order that includes Pretrial's position and all counsel's signatures. Please select Julien Giraud, III only. Motions Terminated. (jqb, ) [2:21-mj-10433-MAH]
42	June 28, 2024	Letter (BOWMAN, ALAN) [2:21-mj-10433-MAH] (Entered: 06/28/2024)	RECAP
43	July 2, 2024	TEXT ORDER as to JULIEN GIRAUD III: The Court has reviewed Defendant Julian Giraud's proposed consent order filed on June 28, 2024 [D.E. 42] to remove home detention and electronic monitoring. The application is denied without prejudice for the following reasons: (1) the proposed Consent Order is not signed by all parties or, for that matter, any of the parties; (2) the proposed order states only "Julian Giraud," leaving it entirely unclear whether the relief sought pertains to Julian Giraud Jr. or Julian Giraud III; (3) the proposed Consent Order gives no indication of whether Defendant has notified Pretrial Services of the proposed change and whether Pretrial Services consents; and (4) Defense counsel provides no explanation of what, if any, bail conditions will replace home detention with location monitoring. Any further application to this Court concerning a modification of the bail conditions by either Defendant must: (1) clearly indicate whether the application is on behalf of Julian Giraud Jr. or Julian Giraud III; (2) be accompanied by a letter or letter memorandum that explains the specific relief sought and each party's (including Pretrial Services') position on the request; and (3) include an appropriate form of Order articulating the party on whose behalf the relief sought, the specific relief or modification sought, and any and all appropriate signatures (eg, if it is a consent order, the signatures of all consenting parties). Any application that fails to comply with this Order will be denied. So Ordered by Magistrate Judge Michael A. Hammer on 7/2/2024. (Hammer, Michael) [2:21-mj-10433-MAH] (Entered: 07/02/2024)	RECAP
44	July 12, 2024	MOTION to Modify Conditions of Release by JULIEN GIRAUD III as to JULIEN GIRAUD III, JULIEN GIRAUD JR.. (BOWMAN, ALAN) [2:21-mj-10433-MAH] (Entered: 07/12/2024)	RECAP
45	July 16, 2024	BAIL MODIFICATION ORDER as to JULIEN GIRAUD III. Signed by Magistrate Judge Michael A. Hammer on 7/16/2024. (jqb, ) [2:21-mj-10433-MAH] (Entered: 07/19/2024)	RECAP
46	July 24, 2024	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR. - The In-Person Status Conference on 7/31/2024 will be held at 2:00 p.m. in Newark - Courtroom 2C. So Ordered by Magistrate Judge Michael A. Hammer on 7/24/2024. (TIME CHANGE ONLY) (jqb, ) [2:21-mj-10433-MAH] (Entered: 07/24/2024)	RECAP
47	July 31, 2024	Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference as to JULIEN GIRAUD III held on 7/31/2024. Continuance Granted. Status Conference set for 8/15/2024 at 1:30 p.m. in Newark - Courtroom 2C before Magistrate Judge Michael A. Hammer. (ECR) (jqb, ) [2:21-mj-10433-MAH] (Entered: 08/01/2024)	RECAP
49	Aug. 1, 2024	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Time excluded from 6/6/2024 until 9/1/2024. Signed by Magistrate Judge Michael A. Hammer on 8/1/2024. (nic, ) [2:21-mj-10433-MAH] (Entered: 08/02/2024)	RECAP
51	Aug. 15, 2024	Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Status Conference as to JULIEN GIRAUD III held on 8/15/2024. Continuance Granted. (jqb, ) [2:21-mj-10433-MAH] (Entered: 08/15/2024)	RECAP
52	Aug. 15, 2024	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Time excluded from 8/15/2024 until 11/1/2024. Signed by Magistrate Judge Michael A. Hammer on 8/15/2024. (jqb, ) [2:21-mj-10433-MAH] (Entered: 08/15/2024)	RECAP
53	Nov. 4, 2024	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Time excluded from 11/4/2024 until 2/1/2025. Signed by Magistrate Judge Michael A. Hammer on 11/4/2024. (jqb, ) [2:21-mj-10433-MAH] (Entered: 11/04/2024)	RECAP
54	Nov. 21, 2024	INDICTMENT as to JULIEN GIRAUD JR. (1) counts 1, 2, JULIEN GIRAUD III (2) count 3. (js) (Entered: 11/25/2024)	RECAP
	Nov. 25, 2024	Notice of Allocation and Assignment
	Nov. 25, 2024	Notice of Allocation and Assignment as to JULIEN GIRAUD III, JULIEN GIRAUD JR. (Judge Edward S. Kiel - Camden) (js)
55	Nov. 26, 2024	NOTICE OF ATTORNEY APPEARANCE: THOMAS S. MIRIGLIANO appearing for JULIEN GIRAUD III, JULIEN GIRAUD JR. Attorney HASSEN I. ABDELLAH terminated. (MIRIGLIANO, THOMAS) (Entered: 11/26/2024)	RECAP
57	Dec. 5, 2024	Minute Entry for proceedings held before Magistrate Judge Jessica S. Allen: Arraignment as to JULIEN GIRAUD III (2) Count 3 of Indictment held on 12/5/2024. Not Guilty Plea entered by JULIEN GIRAUD III as to Count 3 of Indictment. (Court Reporter/Recorder ECR.) (nic, ) (Entered: 12/10/2024)	RECAP
58	Dec. 5, 2024	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Time excluded from 12/5/2024 until 2/1/2025. Signed by Magistrate Judge Jessica S. Allen on 12/5/2024. (nic, ) (Entered: 12/10/2024)	RECAP
59	Feb. 3, 2025	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR.: A status conference is scheduled for February 26, 2025 at 3:00 p.m. The conference will be conducted by Teams video conference. Click here to join the meeting. Alternatively, the meeting ID is 230 657 147 112 and the passcode is 9ie3G5D5. So Ordered by Judge Edward S. Kiel on 2/3/2025. (gn, ) (Entered: 02/03/2025)	RECAP
	Feb. 3, 2025	Text Order
60	Feb. 26, 2025	Minute Entry for proceedings held before Judge Edward S. Kiel:Status Conference as to JULIEN GIRAUD III, JULIEN GIRAUD JR. held on 2/26/2025 via Teams videoconference. Ordered jury trial set for August 4, 2025 at 9:30AM in Camden, Courtroom 4D. Proposed continuance order to be submitted. Proposed scheduling order to be submitted. (Court Reporter Ann Marie Mitchell (856-576-7018).) (lm) (Entered: 02/27/2025)	RECAP
61	March 5, 2025	ORDER TO CONTINUE - Ends of Justice as to JULIEN GIRAUD III, JULIEN GIRAUD JR.: Time excluded from 3/5/2025 until 8/4/2025. Signed by Judge Edward S. Kiel on 3/5/2025. (js) (Entered: 03/06/2025)	RECAP
62	April 28, 2025	Letter from United States requesting status conference (NAVARRO, RACHELLE) (Entered: 04/28/2025)	RECAP
63	April 30, 2025	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR.: A status conference is scheduled before District Judge Edward S. Kiel for May 9, 2025 at noon. The conference will be conducted by Teams video conference.,Click here to join the meeting. Alternatively, the meeting ID is 231 812 918 930 and the passcode is aL2ur6X. So Ordered by Judge Edward S. Kiel on 4/30/2025. (gn, ) (Entered: 04/30/2025)	RECAP
	April 30, 2025	Text Order
64	May 9, 2025	Minute Entry for proceedings held before Judge Edward S. Kiel:Status Conference as to JULIEN GIRAUD III, JULIEN GIRAUD JR. held on 5/9/2025. Ordered status conference set for May 13, 2025 at 10:00AM via videoconference.Proposed scheduling order to be submitted. (Court Reporter/Recorder Ann Marie Mitchell (856-576-7018).) (lm, ) (Entered: 05/09/2025)	RECAP
65	May 9, 2025	Letter from United States submitting proposed scheduling order (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(NAVARRO, RACHELLE) (Entered: 05/09/2025)	RECAP
66	May 9, 2025	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR: A status conference is scheduled for May 13, 2025 at 10:00 a.m. before District Judge Edward S. Kiel. Defendants are ordered to appear for the conference. The conference will be conducted by Teams video conference. Click here to join the meeting. Alternatively, the meeting ID is 229 004 012 386 3 and the passcode is sv9vx2WX. So Ordered by Judge Edward S. Kiel on 5/9/2025. (gn ) (Entered: 05/09/2025)	RECAP
	May 9, 2025	Text Order
67	May 13, 2025	Minute Entry for proceedings held before Judge Edward S. Kiel:Teams video status conference as to JULIEN GIRAUD III, JULIEN GIRAUD JR. held on 5/13/2025; Order to be entered (Court Reporter Ann Marie Mitchell (856-576-7018).) (gn, ) (Entered: 05/13/2025)	RECAP
68	May 13, 2025	TEXT ORDER as to JULIEN GIRAUD III and JULIEN GIRAUD JR: A status conference is scheduled for May 21, 2025 at 11:00 a.m. before District Judge Edward S. Kiel. Defendants are ordered to appear for the conference. The conference will be conducted by Teams video conference. Click here to join the meeting. Alternatively, the meeting ID is 227 855 090 453 and the passcode is Qj28yQ6p. Defendant Julien Giraud, III is directed to file a financial affidavit under seal by 5:00 p.m. on May 20, 2025 if he seeks the appointment of substitute counsel. So Ordered by Judge Edward S. Kiel on 5/13/2025. (gn, ) (Entered: 05/13/2025)	RECAP
	May 13, 2025	Text Order
70	May 19, 2025	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Oral Argument set for June 2, 2025 (ECF No. 69 ) is rescheduled for July 2, 2025 at 2:30 p.m. at Camden-Courtroom 4D. So Ordered by Judge Edward S. Kiel on 5/19/2025. (gn ) (Entered: 05/19/2025)	RECAP
71	May 19, 2025	MOTION to Withdraw as Attorney by Alan Dexter Bowman, Esq. as to JULIEN GIRAUD III. (Received from Chambers) (dmr) (Entered: 05/20/2025)	RECAP
	May 19, 2025	Text Order
72	May 21, 2025	Minute Entry for video proceedings held before Judge Edward S. Kiel:Video Motion Hearing as to JULIEN GIRAUD III, JULIEN GIRAUD JR. held on 5/21/2025 re 71 MOTION to Withdraw as Attorney by Alan Dexter Bowman, Esq., Ordered Motion Granted; Order to be entered. (Court Reporter Sharon Ricci (267-249-8780).) (gn ) (Entered: 05/21/2025)	RECAP
73	May 21, 2025	TEXT ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Oral Argument set for July 2, 2025 (ECF No. 70 ) is rescheduled for July 14, 2025 at 10:00 a.m. at Camden-Courtroom 4D. So Ordered by Judge Edward S. Kiel on 5/21/2025 (gn ) (Entered: 05/21/2025)	RECAP
74	May 21, 2025	CJA 20 as to JULIEN GIRAUD III: Appointment of Attorney GINA A. AMORIELLO for JULIEN GIRAUD III. Signed by Judge Edward S. Kiel on 5/21/2025. (dmr) (Entered: 05/21/2025)	RECAP
	May 21, 2025	Text Order
	May 21, 2025	Add and Terminate Attorneys
	May 21, 2025	Attorney update in case as to JULIEN GIRAUD III. Attorney ALAN BOWMAN terminated. (dmr)
75	May 27, 2025	Letter from United States attached proposed scheduling order consented to by all parties (Attachments: # 1 Text of Proposed Order)(NAVARRO, RACHELLE) (Entered: 05/27/2025)	RECAP
77	May 27, 2025	AMENDED SCHEDULING ORDER as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Trial beginning with jury selection shall commence on 8/4/2025 before Judge Edward S. Kiel. Defendants shall file any motions to suppress evidence by 6/6/2025. Responses due by 6/20/2025. Replies due by 6/27/2025. Oral argument on any motions to suppress set for 7/14/2025 at 10:00 AM before Judge Edward S. Kiel. Signed by Judge Edward S. Kiel on 5/27/2025. (dmr) (Entered: 05/28/2025)	RECAP
78	June 3, 2025	NOTICE OF ATTORNEY APPEARANCE ALISON THOMPSON appearing for USA. (THOMPSON, ALISON) (Entered: 06/03/2025)	RECAP
79	June 6, 2025	MOTION to Sever Defendant by JULIEN GIRAUD III. (AMORIELLO, GINA) (Entered: 06/06/2025)	RECAP
80	June 6, 2025	First MOTION to Suppress and for Franks Hearing by JULIEN GIRAUD JR. as to JULIEN GIRAUD III, JULIEN GIRAUD JR.. (Attachments: # 1 Memorandum, # 2 Declaration Thomas S. Mirigliano, Esq., # 3 Exhibit A - Transcript of Oral Application for Search Warrant dated December 1, 2021, # 4 Exhibit B - BWC Footage, # 5 Exhibit B(1) - Certified Transcript of BWC Footage)(MIRIGLIANO, THOMAS) (Entered: 06/06/2025)	RECAP
81	June 8, 2025	MOTION for Joinder in Motion to Suppress filed under Document 80 by JULIEN GIRAUD III. (AMORIELLO, GINA) (Entered: 06/08/2025)	RECAP
82	June 20, 2025	RESPONSE in Opposition by USA as to JULIEN GIRAUD III, JULIEN GIRAUD JR. re 80 First MOTION to Suppress and for Franks Hearing and 79 Motion for Severance (Attachments: # 1 Exhibit Combined Exhibits)(NAVARRO, RACHELLE) (Entered: 06/20/2025)	RECAP
84	June 28, 2025	REPLY TO RESPONSE to Motion by JULIEN GIRAUD JR. as to JULIEN GIRAUD III, JULIEN GIRAUD JR. re 80 First MOTION to Suppress and for Franks Hearing (MIRIGLIANO, THOMAS) (Entered: 06/28/2025)	RECAP
85	June 29, 2025	MOTION for Joinder in reply to response filed under Doc. 84 by JULIEN GIRAUD III. (AMORIELLO, GINA) (Entered: 06/29/2025)	RECAP
86	July 1, 2025	NOTICE regarding the Government's ex parte and sealed submission to Court as to JULIEN GIRAUD III, JULIEN GIRAUD JR. (NAVARRO, RACHELLE) (Entered: 07/01/2025)	RECAP
87	July 2, 2025	Letter from the United States Amending its Response to Defendants' Motion to Suppress re 82 Response in Opposition (THOMPSON, ALISON) (Entered: 07/02/2025)	RECAP
88	July 7, 2025	Letter from United States requesting Order from Court that Pretrial Services provide passport to Government (NAVARRO, RACHELLE) (Entered: 07/07/2025)	RECAP
90	July 11, 2025	TEXT ORDER: The government has filed an ex parte application that requires resolution before the hearing scheduled for July 14, 2025 (ECF No. 77 ) can proceed. Accordingly, the hearing is adjourned to July 22, 2025 at 2:00 p.m. So Ordered by Judge Edward S. Kiel on 7/11/2025. (gn ) (Entered: 07/11/2025)	RECAP
	July 11, 2025	Text Order
91	July 14, 2025	TEXT ORDER: In consideration of counsel's conflict, the hearing scheduled for July 22, 2025 (ECF No. 90) is canceled. All pending motions and applications will heard on July 28, 2025 at 10:00 a.m. (ECF No. 77 ¶ 15). So Ordered by Judge Edward S. Kiel on 7/14/2025. (gn) (Entered: 07/14/2025)	RECAP
92	July 14, 2025	MOTION in Limine by USA as to JULIEN GIRAUD III, JULIEN GIRAUD JR.. (THOMPSON, ALISON) (Entered: 07/14/2025)	RECAP
	July 14, 2025	Text Order
93	July 22, 2025	Letter from United States regarding potential conflict of interest and request for in-court inquiry (NAVARRO, RACHELLE) (Entered: 07/22/2025)	RECAP
94	July 23, 2025	BRIEF in Opposition by JULIEN GIRAUD JR. as to JULIEN GIRAUD III, JULIEN GIRAUD JR. re 92 MOTION in Limine (Attachments: # 1 Certificate of Service)(MIRIGLIANO, THOMAS) (Entered: 07/23/2025) 1 Certificate of Service View on PACER	RECAP
95	July 24, 2025	TEXT ORDER: Notice is provided that the Court has resolved the government's ex parte application (ECF No. 90). The Court will not take further action on the application and the hearing scheduled for July 28, 2025 (ECF No. 91) will proceed as scheduled. So Ordered by Judge Edward S. Kiel on 7/24/2025. (gn) (Entered: 07/24/2025)	RECAP
96	July 24, 2025	Letter from the United States requesting a Frye Hearing (THOMPSON, ALISON) (Entered: 07/24/2025)	RECAP
	July 24, 2025	Text Order
97	July 25, 2025	REPLY TO RESPONSE to Motion by USA as to JULIEN GIRAUD III, JULIEN GIRAUD JR. re 92 MOTION in Limine (THOMPSON, ALISON) (Entered: 07/25/2025)	RECAP
98	July 25, 2025	Supplemental MOTION in Limine by USA as to JULIEN GIRAUD III, JULIEN GIRAUD JR.. (THOMPSON, ALISON) (Entered: 07/25/2025)	RECAP
100	July 28, 2025	MOTION for Joinder in Brief filed under Doc. 94 by JULIEN GIRAUD III. (AMORIELLO, GINA) (Entered: 07/28/2025)	RECAP
101	July 28, 2025	MOTION for Joinder in Motion to Dismiss filed under Doc. 99 by JULIEN GIRAUD III. (AMORIELLO, GINA) (Entered: 07/28/2025)	RECAP
102	July 28, 2025	Minute Entry for proceedings held before Judge Edward S. Kiel: Status Hearing as to JULIEN GIRAUD III, JULIEN GIRAUD JR. held on 7/28/2025. Status conference held. Counsel for defendant J. Giraud, III withdraws 101 Motion for Joinder in Motion to Dismiss filed under Doc. 99. (Court Reporter: Ann Marie Mitchell (856-576-7018)) (js) (Entered: 07/28/2025)	RECAP
103	July 28, 2025	ORDER OF DESIGNATION OF DISTRICT JUDGE FOR SERVICE IN ANOTHER DISTRICT WITHIN THE CIRCUIT. The Honorable Matthew W. Brann of the United States District Court for the Middle District of Pennsylvania Designated as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Signed by Chief Judge Michael A. Chagares (USCA) on 7/28/2025. (mmb) (Entered: 07/28/2025)	RECAP
104	July 28, 2025	SCHEDULING ORDER, The Government shall submit a brief in opposition to Mr. Giraud's motion by no later than 12:00 p.m., on Tuesday, July 29, 2025. Following submission of the Government's brief in opposition, the Court will hold a joint status conference at 3:00 p.m., on Tuesday, July 29, 2025 as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Signed by Chief District Judge Matthew W. Brann (MDPA) on 7/28/2025. (js) (Entered: 07/28/2025)	RECAP
105	July 28, 2025	Amended Minute Entry for proceedings held before Judge Edward S. Kiel:Status Conference as to JULIEN GIRAUD III, JULIEN GIRAUD JR. held on 7/28/2025 (Court Reporter Ann Marie Mitchell (856-576-7018).) (gn) (Entered: 07/29/2025)	RECAP
	July 28, 2025	Add and Terminate Judges
	July 28, 2025	Judge update in case as to JULIEN GIRAUD III, JULIEN GIRAUD JR. Chief District Judge Matthew W. Brann (MDPA) added. Judge Edward S. Kiel no longer assigned to case. (mmb)

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Case Details

State / Territory:

New Jersey

Case Type(s):

Criminal Justice (Other)

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Appointments/Civil Service

Trump Administration 2.0: Litigation and Investigations Involving the Government

Criminal Prosecutions

Key Dates

Filing Date: Dec. 7, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff in this case is the Department of Justice.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Julien Giraud III

Julien Giraud Jr.

Case Details

Other Dockets:

District of New Jersey 1:24-cr-00768

U.S. Court of Appeals for the Third Circuit 25-02635

Special Case Type(s):

Criminal

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Declaratory judgment

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Issues

Presidential/Gubernatorial Authority:

Appointment Authority

Recommended Citation

Case Summary of United States v. Giraud III, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/46869/ (last updated 2/8/2026).

Case: United States v. Giraud III

1:24-cr-00768 | U.S. District Court for the District of New Jersey

Case Summary

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People

Documents in the Clearinghouse

Docket

Case Details