After a brief conference Monday, U.S. District Judge Edward Kiel put Giraud Jr.'s trial date on hold while the motion moves through the courts. Because the federal bench in New Jersey played a role in replacing Habba, the issue was referred to Chief U.S. District Judge Matthew Brann of the Middle District of Pennsylvania.

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 Donald Trump's attempt to ensure his pick remains in charge of the U.S. Attorney's Office in New Jersey has taken a new twist.