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

The Third Circuit Court of Appeals on Monday upheld a lower court ruling disqualifying Alina Habba from her position as acting U.S. Attorney for the District of New Jersey.

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 is now overseeing the case, was unlawful.

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

Habba is a former personal lawyer to the president.