Alina Habba at the White House on March 26, 2025. Francis Chung/Politico/AP

A Justice Department lawyer was peppered with questions about the appointment of Alina Habba as the US attorney for New Jersey as a federal appeals court panel weighs its validity.

DOJ lawyer Henry Whitaker defended the appointment of Habba – one of Donald Trump’s former attorneys – saying it’s not uncommon for someone to be placed into a senior role and stay in it after the time limit is exceeded. Whitaker pointed to a Biden administration attorney who ran the civil division at DOJ without being Senate confirmed.

“When the attorney general designates someone that is a distinct kind of service,” Whitaker told the panel. “Congress recognized nonetheless we can keep the lights on and we can continue to have offi

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