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.

New Jersey's U.S. District Court judges opted to appoint someone else to the role, but Alina Habba posted on social media the job is still hers.

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

The state's district judges voted to replace Alina Habba with her top assistant, who was ousted by the Justice Department hours later.

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.