The case before a three-judge panel of the 9th U.S. Circuit Court of Appeals follows a lower-court ruling earlier this month that Trump lacked authority to remove Rogoff. The district’s federal judges appointed Rogoff to the post in July, and Trump dismissed him immediately afterward, according to the case record summarized in court proceedings.

Justice Department lawyer Mark Freeman urged the panel to reverse the ruling. He argued that it conflicts with Supreme Court decisions on presidential control of the executive branch, including a recent decision known as Slaughter that expanded the president’s authority to remove certain agency leaders.

Rogoff’s attorney, Don Verrilli Jr., a former U.S. solicitor general, argued against the administration’s position. The panel — Judges Richard Paez, appointed by President Bill Clinton; Jay Bybee, appointed by President George W. Bush; and Jennifer Sung, appointed by President Joe Biden — questioned aspects of Verrilli’s arguments but gave no clear indication of how it would rule.

The dispute concerns who can control the leadership of a federal prosecutor’s office when judges, rather than the president, make the appointment. The appeals court’s decision could clarify whether a court-appointed U.S. attorney can remain in office without the president’s approval. The panel did not announce a ruling Friday.