A federal judge on Friday deferred ruling on Alina Habba's legal authority as a prosecutor after President Trump tapped her to lead the U.S. attorney's office for New Jersey. The big picture: A lawyer sought to get a criminal case in New Jersey dismissed by questioning Habba's legitimacy to lead the U.

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.

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.