Cannon last summer concluded in a 93-page ruling that Smith’s appointment violated the Appointments Clause of the Constitution and, in turn, she dismissed the federal criminal case against Trump charging him with amassing highly sensitive national security secrets at Mar-a-Lago and then obstructing government efforts to reclaim them.

President Trump's bid to keep Alina Habba in charge of the U.S. attorney's office in N.J. faces a new test after a defendant filed a motion challenging her authority.