Habba has been serving as New Jersey's interim U.S. attorney since her appointment by Trump in March, but was limited by law to 120 days in office unless the court agreed to keep her in place. The U.S. Senate has not yet acted on her formal nomination to the role, submitted by Trump this month.

The Justice Department is fighting to keep President Donald Trump’s former lawyer, Alina Habba, in place as the top federal prosecutor in New Jersey after a panel of judges refused to extend her tenure and appointed someone else to the job.

The Trump administration could try to use a workaround to keep Habba effectively in the U.S. Attorney role—but that could present legal challenges.