PHILADELPHIA — A Department of Justice attorney on Monday urged a federal appeals panel to allow Alina Habba to remain New Jersey’s top federal prosecutor in a case likely to determine whether President Donald Trump can appoint U.S. attorneys without Senate approval.

Henry C. Whitaker, counselor to Attorney General Pamela Bondi, squared off with two attorneys challenging Habba’s legitimacy during nearly 90 minutes of arguments before three U.S. 3rd Circuit Court of Appeals judges at the James A. Byrne federal courthouse.

Whitaker defended the unprecedented series of moves Trump officials took in July to keep Habba, Trump’s former personal lawyer, in the post after the Senate did not act on her nomination within the required 120-day time period set by statute.

Attorney Abbe Lowell, r

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