The DOJ returned to court on Monday morning to defend Alina Habba's authority to serve as acting U.S. attorney for New Jersey and to supervise that office, as criminal defendants maintain her unlawful appointment meant she was rightfully disqualified from their prosecutions.

Sitting for the 3rd U.S. Circuit Court of Appeals panel were U.S. Circuit Judge L. Felipe Restrepo, a Barack Obama appointee, and Senior U.S. Circuit Judges D. Michael Fisher and D. Brooks Smith, both George W. Bush appointees. The judges peppered the DOJ with questions about the interplay between multiple federal statutes and the fact that permanent U.S. attorneys are appointed to the role with the advice and consent of the U.S. Senate, as required by the Constitution.

While defendants Julien Giraud Jr., Julien Gira

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