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.

Federal judges in New Jersey on Tuesday opted not to appoint former Trump attorney Alina Habba as the state's top federal prosecutor on a permanent basis.