The Trump administration appeared to use legal loopholes to keep Habba in the role—which are already being used by criminal defendants to get them out of their indictment.

President Trump's bid to keep Alina Habba in charge of the U.S. attorney's office in N.J. faces a new test after a defendant filed a motion challenging her authority.

"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.