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

Ruling cites illegal power grab by Trump administration in appointing officials without Senate confirmation.

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. The judge said the officials were named to the role in violation of the Constitution's Appointments Clause, which requires Senate confirmation for U.S. attorneys.

Why it matters

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

The details

U.S. District Judge Matthew Brann ruled that the Trump administration's decision to replace the previous interim U.S. attorney, Alina Habba, with three Justice Department officials - Philip Lamparello, Jordan Fox and Ari Fontecchio - was a violation of the Appointments Clause. Brann said the administration's actions amounted to an 'enormous assertion of Presidential power' that sought to circumvent the normal Senate confirmation process.

  • On March 9, 2026, Judge Brann issued his 130-page ruling disqualifying the three Justice Department officials.
  • In 2021, Judge Brann had previously 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 issued the ruling disqualifying the three Justice Department officials from overseeing federal prosecutions in New Jersey.

Alina Habba

Trump's former personal attorney who was previously barred from serving as U.S. attorney in New Jersey due to staying in the role 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 disqualified by the judge from overseeing federal prosecutions in New Jersey.

Jordan Fox

One of the three Justice Department officials disqualified by the judge from overseeing federal prosecutions in New Jersey.

Ari Fontecchio

One of the three Justice Department officials disqualified by the judge 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.”

— Matthew Brann, U.S. District Judge (Court ruling)

What’s next

The Trump administration will likely appeal the judge's ruling, continuing the ongoing legal battle over the process for selecting U.S. attorneys.

The takeaway

This case highlights the broader tensions between the executive and judicial branches over presidential power, with the courts repeatedly pushing back on the Trump administration's efforts to circumvent the normal Senate confirmation process for U.S. attorneys.