Judge Disqualifies Trio of Lawyers Tapped to Lead New Jersey's Federal Prosecutor's Office

The ruling is the latest development in a long-running fight between the judiciary and the Trump administration over the process for selecting U.S. attorneys.

Published on Mar. 9, 2026

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A judge has disqualified three Justice Department officials the Trump administration tapped to oversee federal prosecutions in New Jersey, saying their appointment was part of an illegal power grab by the former president.

Why it matters

The case highlights the ongoing tensions between the executive and judicial branches over the process for selecting U.S. attorneys, who ordinarily must undergo Senate confirmation to stay in their positions. The Trump administration has sought to leave unconfirmed prosecutors in their roles for longer periods through novel personnel maneuvers, which courts have ruled to be improper.

The details

U.S. District Judge Matthew Brann ruled that naming Philip Lamparello, Jordan Fox and Ari Fontecchio to the role formerly held on an interim basis by Trump's former personal attorney Alina Habba constituted a violation of the Appointments Clause of the Constitution, which requires Senate confirmation. Brann said the Trump administration's maneuvers amounted to an 'enormous assertion of Presidential power' that sought to 'avoid roadblocks' set forth by law and the Constitution.

  • On Monday, Judge Brann issued the ruling disqualifying the trio of lawyers.
  • Last year, Brann ruled that Trump's first choice for U.S. attorney, 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 appointment of the three Justice Department officials to oversee federal prosecutions in New Jersey was unconstitutional.

Donald Trump

The former president whose administration sought to leave unconfirmed prosecutors in their roles for longer periods through novel personnel maneuvers, which courts have ruled to be improper.

Alina Habba

Trump's former personal attorney who was barred from the role of U.S. attorney in New Jersey because she had stayed 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, Jordan Fox and Ari Fontecchio

The three Justice Department officials who were disqualified by the judge from overseeing federal prosecutions in New Jersey.

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What they’re saying

“'It is plain that President Trump and his top aides have chafed at the limits on their power set forth by law and the Constitution. To avoid these roadblocks, this administration frequently purports to have discovered enormous grants of executive power hidden in the vagaries and silences of the code.'”

— Matthew Brann, U.S. District Judge (sfgate.com)

What’s next

The judge's ruling disqualifying the trio of lawyers is the latest development in the ongoing legal battle over the process for selecting U.S. attorneys.

The takeaway

This case highlights the continued tensions between the executive and judicial branches over the president's authority to appoint U.S. attorneys without Senate confirmation, underscoring the importance of upholding constitutional checks and balances on executive power.