A US appeals court has struck down an attempt by President Donald Trump to bypass the customary Senate confirmation process and appoint his former personal lawyer to a post as a top federal prosecutor.

A three-judge panel ruled unanimously that Alina Habba, 41, has been unlawfully serving as the US Attorney for the District of New Jersey.

It was the second time in a week that a federal court has ruled that a US attorney picked by Trump was unlawfully appointed.

Last week's ruling led to the dismissal of criminal cases brought against two of Trump's political foes – former Federal Bureau of Investigation (FBI) director James Comey and New York Attorney-General Letitia James.

In that case, District Judge Cameron Currie disqualified Trump appointee Lindsey Halligan from serving as the acting US Attorney for the Eastern District of Virginia and threw out the indictments she obtained against Comey and James.

Federal prosecutors are subject to Senate confirmation.

Currie said Halligan had been unlawfully appointed because her predecessor was also serving in an acting capacity and US law does not allow two successive interim prosecutors.

Halligan's predecessor as acting US attorney, Erik Siebert, stepped down after reportedly telling Justice Department leaders there was insufficient evidence to charge Comey and James.

In Habba's case, the US Court of Appeals for the Third Circuit panel upheld a lower court ruling that her appointment violated the law regarding the filling of federal vacancies.

"Under the government's delegation theory, Habba may avoid the gauntlet of presidential appointment and Senate confirmation and serve as the de facto US Attorney indefinitely," the judges said.

"This view is so broad that it bypasses the constitutional (appointment and confirmation) process entirely," they said, and "should raise a red flag”.

The Justice Department is weighing seeking new indictments against Comey and James, according to two people familiar with the matter.

The department could seek new charges against Comey and James as soon as this week, though the timing was not yet clear, the people added, speaking anonymously in order to discuss non-public department deliberations.

Representatives for James could not be immediately reached for comment. An attorney for Comey declined to comment.

Both Comey and James have been longtime targets of Trump's ire.

Comey as FBI director oversaw an investigation into alleged ties between Trump's 2016 election campaign and the Russian government, and was fired by Trump in 2017.

James, an elected Democrat, successfully sued Trump and his family real estate company for fraud.

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