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.

A constitutional contest is brewing over the role of judges in selecting federal prosecutors.

Alina Habba, Trump's former lawyer, will remain as acting US attorney for New Jersey after her nomination was withdrawn, circumventing a potential replacement. This decision follows a tense conflict with federal judges who favored Desiree Leigh Grace,