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A Third Circuit panel grilled the Justice Department over Alina Habba’s status as U.S. attorney for New Jersey after a district court ruled her appointment violated the Federal Vacancies Reform Act. DOJ lawyer Henry Whitaker argued the attorney general can delegate authority and said Habba could serve until February, while conceding there’s no set expiration under delegation — and that he could not cite a similar sequence of moves. Defense counsel Abbe Lowell called the setup gerry-rigged. Related challenges are pending, and Habba blamed Congress for stalled confirmations.

Prepared by Lauren Mitchell and reviewed by editorial team.