Appeals court upholds ruling that disqualified Alina Habba from serving as New Jersey's top prosecutor

In a loss for the Trump administration, an appeals court on Monday upheld a lower court ruling disqualifying Alina Habba from her position as acting U.S. attorney for the District of New Jersey.

In a loss for the Trump administration, an appeals court on Monday upheld a lower court ruling disqualifying Alina Habba from her position as acting U.S. attorney for the District of New Jersey.

In a 32-page ruling, the 3rd Circuit Court of Appeals found that Habba's appointment violates the Federal Vacancies Reform Act.

"It is apparent that the current administration has been frustrated by some of the legal and political barriers to getting its appointees in place," wrote Judge Michael Fisher.

The decision stems from a motion from Julien Giraud Jr., a New Jersey man who faced drug trafficking and firearm charges that predated Habba's appointment. Giraud moved to dismiss his indictment on July 27, arguing that President Donald Trump's appointment of Habba, who had been overseeing the case, was unlawful.

He pleaded not guilty. The court did not dismiss Giraud's underlying criminal case.