1Philadelphia, PA -The Department of Justice returned to court to uphold Alina Habba’s appointment as acting U.S. attorney for New Jersey. Criminal defendants argue her appointment was unlawful, claiming it disqualifies her from prosecuting them.

A panel from the 3rd U.S. Circuit Court of Appeals, composed of Judges L. Felipe Restrepo, D. Michael Fisher, and D. Brooks Smith, questioned the legality of Habba’s appointment. They explored the intersection of federal statutes regarding the appointment of U.S. attorneys, which must be confirmed by the Senate.

Defendants Julien Giraud Jr., Julien Giraud III, and Cesar Pina contended that Judge Matthew Brann of the Middle District of Pennsylvania correctly determined that Habba was not lawfully serving. The DOJ countered that Brann’s decision w

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