PHILADELPHIA – A federal appeals court is set to hear arguments Monday over whether President Donald Trump's former lawyer, Alina Habba, has been unlawfully serving as the top federal prosecutor in New Jersey since earlier this year.

The 3rd Circuit Court of Appeals has scheduled a hearing in Philadelphia over Habba's appointment, which a lower court judge said in August was done with a “novel series of legal and personnel moves” and that she was not lawfully serving as U.S attorney for New Jersey.

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The judge's order said that her actions since July could be declared void but put his order on hold so the U.S. Justice Department could appeal.

Habba is validly serving in the role under a federal statute that permits the first assistant attorney, a post she was appointe

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