Judge Blocks Trump Administration's Attempt to Bypass Senate Confirmation for New Jersey Prosecutors

Federal judge rules that the Trump administration's appointment of three Justice Department officials to lead the New Jersey federal prosecutor's office was unconstitutional.

Published on Mar. 10, 2026

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A federal judge in New Jersey has disqualified three Justice Department officials from overseeing federal prosecutions in the state, ruling that their appointment was part of an illegal power grab by the Trump administration to bypass the Senate confirmation process for U.S. attorneys. The judge argued that the Trump administration was more concerned with who was running the prosecutor's office than ensuring it was running at all, and that their actions amounted to an 'enormous assertion of Presidential power' that violated the Constitution's Appointments Clause.

Why it matters

This ruling is the latest development in an ongoing battle between the judiciary and the Trump administration over the process for selecting U.S. attorneys, who normally must undergo Senate confirmation. The judge's decision highlights concerns about the Trump administration's efforts to install unconfirmed prosecutors in these positions for extended periods through novel personnel maneuvers, which courts have repeatedly ruled to be improper.

The details

U.S. District Judge Matthew Brann disqualified three Justice Department officials - Philip Lamparello, Jordan Fox and Ari Fontecchio - from overseeing federal prosecutions in New Jersey. The judge ruled that their appointment to replace former U.S. attorney Alina Habba, who had stayed in the role too long without Senate confirmation, was another violation of the Constitution's Appointments Clause. Brann argued the Trump administration's actions amounted to an 'enormous assertion of Presidential power' and that they cared more about who was running the prosecutor's office than ensuring it was functioning properly.

  • On March 10, 2026, Judge Brann issued his 130-page ruling disqualifying the three Justice Department officials.

The players

Judge Matthew Brann

A U.S. District Judge who ruled that the Trump administration's appointment of three Justice Department officials to lead the New Jersey federal prosecutor's office was unconstitutional.

Alina Habba

The former U.S. attorney for New Jersey who had stayed in the role too long without Senate confirmation, leading the Trump administration to try and replace her with the three disqualified officials.

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.

President Donald Trump

The former president whose administration was found by the judge to have engaged in an 'enormous assertion of Presidential power' in its efforts to bypass the Senate confirmation process for U.S. attorneys.

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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, Former U.S. Attorney for New Jersey (Social media)

“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.”

— Judge Matthew Brann (Court ruling)

What’s next

The Trump administration will likely appeal the judge's ruling, setting up a continued legal battle over the appointment of U.S. attorneys.

The takeaway

This case highlights the ongoing tensions between the executive and judicial branches over the president's power to appoint federal prosecutors without Senate confirmation, and the courts' role in checking what they view as unconstitutional overreach by the administration.