Judge Blocks Trump Administration's Attempt to Appoint Prosecutors in New Jersey

U.S. District Judge Matthew Brann ruled the administration's maneuvers violated the Constitution's Appointments Clause.

Published on Mar. 9, 2026

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A federal judge in New Jersey has disqualified three Justice Department officials appointed by the Trump administration to oversee federal prosecutions in the state, ruling that the moves violated the Constitution's Appointments Clause which requires Senate confirmation for U.S. attorneys. The judge said the administration's actions amounted to an 'enormous assertion of Presidential power' to avoid the normal confirmation process.

Why it matters

This case highlights the ongoing tensions between the executive and judicial branches over the president's authority to appoint federal prosecutors without Senate approval. It's the latest in a series of court rulings that have rejected the Trump administration's efforts to install prosecutors outside the normal confirmation process.

The details

U.S. District Judge Matthew Brann ruled that the Trump administration's decision to replace the interim U.S. attorney in New Jersey, Alina Habba, with three Justice Department officials - Philip Lamparello, Jordan Fox and Ari Fontecchio - was unconstitutional. Brann said the move violated the Appointments Clause, which requires Senate confirmation for U.S. attorneys. The judge also criticized the administration's 'enormous assertion of Presidential power' to avoid the normal confirmation process.

  • On March 9, 2026, Judge Brann issued his ruling disqualifying the three Justice Department officials.
  • In 2021, Judge Brann had previously ruled that Trump's first choice for U.S. attorney in New Jersey, his former personal attorney Alina Habba, was barred from the role because she had stayed too long without Senate confirmation.

The players

Matthew Brann

A U.S. District Judge who ruled that the Trump administration's attempt to appoint three Justice Department officials to oversee federal prosecutions in New Jersey was unconstitutional.

Alina Habba

Trump's former personal attorney who was initially appointed as the interim U.S. attorney in New Jersey, but was later barred from the role by Judge Brann for staying too long without Senate confirmation.

Pam Bondi

The Attorney General who made the unusual decision to replace Habba indefinitely with the three Justice Department officials.

Philip Lamparello

One of the three Justice Department officials appointed by the Trump administration to oversee federal prosecutions in New Jersey, who was disqualified by the judge.

Jordan Fox

One of the three Justice Department officials appointed by the Trump administration to oversee federal prosecutions in New Jersey, who was disqualified by the judge.

Ari Fontecchio

One of the three Justice Department officials appointed by the Trump administration to oversee federal prosecutions in New Jersey, who was disqualified by the judge.

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What they’re saying

“Judges may continue to try and stop President Trump from carrying out what the American people voted for, but we will not be deterred.”

— Alina Habba, Senior Adviser, U.S. Department of Justice (Social media)

What’s next

The Justice Department is expected to appeal Judge Brann's ruling, continuing the legal battle over the president's authority to appoint federal prosecutors without Senate confirmation.

The takeaway

This case underscores the ongoing tensions between the executive and judicial branches over presidential power, with the courts repeatedly rejecting the Trump administration's efforts to sidestep the normal confirmation process for U.S. attorneys.