Habba has not received Senate confirmation and faces an uphill battle in a state represented by two Democratic senators adamantly opposed to her holding the office. That leaves it up to the state's judges, who have a decision to make Monday about Habba.

The Department of Justice quickly fired the newly named US attorney in New Jersey on Tuesday after federal judges in the state declined to extend Alina Habba’s interim appointment.

A constitutional contest is brewing over the role of judges in selecting federal prosecutors.

Trump, whose administration wields unprecedented influence over the Justice Department, could still act to preserve his pick

The Trump administration has fired New Jersey’s newly named top federal prosecutor hours after judges appointed her to replace Alina Habba.