PHILADELPHIA (AP) — A pivotal legal debate is unfolding as the federal appeals court prepares to assess the legality of Alina Habba’s role as the chief federal prosecutor in New Jersey. Once a lawyer for former President Donald Trump, Habba’s appointment to this high-profile position has sparked significant controversy.

The 3rd Circuit Court of Appeals will convene in Philadelphia on Monday to deliberate on Habba’s appointment. This follows an August ruling by a lower court judge, who criticized the appointment process as involving a “novel series of legal and personnel moves.” The judge questioned the legality of Habba’s service as the U.S. attorney for New Jersey.

In his ruling, the judge suggested that actions taken by Habba since July might be invalidated. However, he temporarily suspended his order, allowing the U.S. Justice Department the opportunity to contest the decision.

In court documents submitted before the hearing, the government argued that Habba is legitimately fulfilling her duties. They cited a federal statute that allows the first assistant attorney, a position to which she was appointed by the Trump administration, to serve lawfully in this capacity.

This situation mirrors a similar case in Nevada, where a federal judge recently disqualified a nominee chosen by the administration to serve as the U.S. attorney there. The legal challenges in both states highlight ongoing questions surrounding federal appointments.

In the Habba case, U.S. District Judge Matthew Brann’s decision came after several people charged with federal crimes in New Jersey challenged the legality of Habba’s tenure. They sought to block the charges, arguing she didn’t have the authority to prosecute their cases after her 120-day term as interim U.S. attorney expired.

Habba was Trump’s attorney in criminal and civil proceedings before he was elected to a second term. She served as a White House adviser briefly before Trump named her as a federal prosecutor in March.

Shortly after her appointment, she said in an interview she hoped to help “turn New Jersey red,” a rare overt political expression from a prosecutor, and said she planned to investigate the state’s Democratic governor and attorney general.

She then brought a trespassing charge, eventually dropped, against Newark Mayor Ras Baraka stemming from his visit to a federal immigration detention center.

Habba later charged Democratic U.S. Rep. LaMonica McIver with assault stemming from the same incident, a rare federal criminal case against a sitting member of Congress other than for corruption. McIver denied the charges and pleaded not guilty. The case is pending.

Questions about whether Habba would continue in the job arose in July when her temporary appointment was ending and it became clear New Jersey’s two Democratic U.S. senators, Cory Booker and Andy Kim, would not back her appointment.

With her appointment expiring, federal judges in New Jersey exercised their power under the law to replace Habba with a career prosecutor who had served as her second in-command.

U.S. Attorney General Pam Bondi then fired the prosecutor installed by the judges and renamed Habba as acting U.S. attorney. The Justice Department said the judges acted prematurely and said Trump had the authority to appoint his preferred candidate to enforce federal laws in the state.

Brann’s ruling said the president’s appointments are still subject to the time limits and power-sharing rules laid out in federal law.