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

Ruling says appointments of three Justice Department officials violated the Constitution's Appointments Clause

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 appointments were part of an illegal power grab by the Trump administration to bypass the Senate confirmation process for U.S. attorneys.

Why it matters

The ruling is the latest development in an ongoing battle between the judiciary and the Trump administration over the president's attempts to install U.S. attorneys without Senate approval, which courts have repeatedly ruled is unconstitutional. It highlights the tensions between the executive and judicial branches over the proper process for selecting federal prosecutors.

The details

U.S. District Judge Matthew Brann ruled that the Trump administration's decision to replace the previous interim U.S. attorney in New Jersey with three Justice Department officials who would share authority violated the Constitution's Appointments Clause, which requires Senate confirmation for such positions. Brann said the administration's actions amounted to an 'enormous assertion of Presidential power' that he would not 'be fooled' by.

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

Judge Matthew Brann

A U.S. District Judge who issued the ruling disqualifying the three Justice Department officials from overseeing federal prosecutions in New Jersey.

Alina Habba

Trump's first choice for U.S. attorney in New Jersey, who was previously barred from the role by Judge Brann for staying too long without Senate confirmation. Habba has remained with the Justice Department as a senior adviser.

Pam Bondi

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

Philip Lamparello

One of the three Justice Department officials who was disqualified by Judge Brann from overseeing federal prosecutions in New Jersey.

Jordan Fox

One of the three Justice Department officials who was disqualified by Judge Brann from overseeing federal prosecutions in New Jersey.

Ari Fontecchio

One of the three Justice Department officials who was disqualified by Judge Brann from overseeing federal prosecutions in New Jersey.

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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)

“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 judge said there are 'at least three undisputedly legal methods' for the Trump administration to fill the U.S. attorney position in New Jersey and resolve the controversy, but the administration has chosen to pursue an 'unprecedented and byzantine leadership structure' instead.

The takeaway

This ruling is the latest example of the ongoing clash between the executive and judicial branches over the president's attempts to bypass the Senate confirmation process for U.S. attorneys, which courts have repeatedly ruled is unconstitutional. It underscores the importance of maintaining the proper system of checks and balances on presidential power.