"You know, we don't believe that [Habba] is acting under any legitimate authority at this point. It just seems that to me, at the very least, it's an issue that has to be preserved," defense lawyer Thomas Mirigliano said.

Desiree Leigh Grace, who was promoted by Habba, will now serve as the US attorney for the District of New Jersey, according to an order from a federal judge.

A defense attorney is arguing the Trump administration illegally maneuvered to keep Alina Habba as New Jersey's top federal prosecutor, despite the expiration of her tenure.

"Acting" U.S. Attorney of New Jersey Alina Habba says the judges who took a vote last week and decided not to extend her tenure as the Garden State's top federal prosecutor "preempted and struck out." The post 'Preempted and struck out': Alina Habba fires back at judges who tried killing her US attorney bid,