Cannon last summer concluded in a 93-page ruling that Smith’s appointment violated the Appointments Clause of the Constitution and, in turn, she dismissed the federal criminal case against Trump charging him with amassing highly sensitive national security secrets at Mar-a-Lago and then obstructing government efforts to reclaim them.

A ruling by U.S. District Judge Aileen Cannon for President Donald Trump is now being used to argue that Alina Habba, the pick for U.S. Attorney in New Jersey, was unconstitutionally appointed. Politico first reported that attorneys for defendant Julien Giraud Jr.

Justice Department officials defended the appointment of the Acting U.S. Attorney, as questions lead to a standstill in ongoing criminal cases