Judge Aileen Cannon's Trump ruling used to argue Alina Habba can't keep job

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., who is under indictment on drug charges in New Jersey, are citing Cannon's ruling, which stated that special counsel Jack Smith's appointment was unconstitutional.

According to attorney Thomas Mirigliano, Cannon's ruling conflicts with the maneuvering Trump used to keep Habba in place after a panel of judges effectively ousted her.

"As Judge Cannon explained in Trump, when executive officials deliberately engineer an appointment in violation of statutory and constitutional mandates, the only effective remedy is dismissal or, at the very least, disqualification of the unconstitutionally appointed officer and her subordinates," a Wednesday filing from Mirigliano said.

In her ruling last year, Cannon dismissed charges against Trump for mishandling classified information.

"It is undisputed, and correct, that all United States Attorneys (93 currently) have been appointed by the President and confirmed by the Senate throughout our Nation's history, except that Congress has permitted the Attorney General to appoint interim United States Attorneys with specific restrictions," Cannon wrote at the time.

Mirigliano alleged that Trump flouted that system by reappointing Habba after her initial 120-day term expired.