It comes after a panel of federal judges in New Jersey declined to extend Habba's term as the state's interim top prosecutor.

New Jersey's U.S. District Court judges opted to appoint someone else, but a Justice Department maneuver has kept Alina Habba in the post.

Habba’s term as the interim U.S. attorney expired this week, and since the Senate never voted to confirm her, it was up to federal judges in the state to vote to extend her term—which they declined to do, instead appointing her deputy Desiree Leigh Grace to fill the role on Tuesday.