The Trump administration defended Alina Habba’s installation as New Jersey's top federal prosecutor before a skeptical federal appeals panel Monday.

A three-judge panel on the U.S. Court of Appeals for the 3rd Circuit did not seem swayed that Habba, a former personal attorney to President Trump, is lawfully serving as New Jersey’s acting U.S. attorney.

“Would you concede that there are serious constitutional implications to your theory here, the government's theory, which really is a complete circumvention, it seems, of the Appointments Clause?” asked Judge D. Brooks Smith, an appointee of former President George W. Bush.

Habba was disqualified in August from participating in any of the District of New Jersey’s cases as U.S. attorney, though the ruling was put on hold so the Justice Department (DOJ) could appeal.

A federal judge determined she had unlawfully held the post since July, when her 120-day interim term expired, and the Trump administration maneuvered to keep her in the role through a “novel series of legal and personnel moves.”

When Habba’s interim term ended, New Jersey federal judges declined to extend her interim status, instead appointing her first assistant U.S. attorney to the post. But Attorney General Pam Bondi fired their selected successor.

So Habba could remain in the position, Trump withdrew her nomination to be the state’s U.S. attorney. She was appointed both as a special attorney with all the powers of U.S. attorney and as a first assistant, making her acting U.S. attorney.

DOJ lawyer Henry Whitaker argued Monday the moves were valid under federal law, saying Congress afforded the executive branch several “overlapping mechanisms” to deal with vacancies in Senate-confirmed positions, like U.S. attorneys.

“In this case, the executive branch admittedly took a series of precise and precisely timed steps, not to........

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