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Federal judge disqualifies trio leading New Jersey U.S. attorney’s office
By
Giulia Heyward
Published Mar 9, 2026
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Demetrius Freeman/The Washington Post via Getty Images
By
Giulia Heyward
Published Mar 9, 2026
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The Trump administration’s plan to have three lawyers jointly run the U.S. attorney’s office in New Jersey is unlawful, a federal judge ruled Monday.
U.S. District Judge Matthew Brann said the Justice Department violated the Constitution when it attempted to have three officials share the powers of New Jersey’s top federal prosecutor’s office after the resignation of former acting U.S. Attorney Alina Habba.
The Justice Department had appointed Philip Lamparello, Jordan Fox and Ari Fontecchio to divide up the responsibilities of the office after Habba stepped down in December.
In a 130-page opinion, Brann said the arrangement amounted to an improper appointment that bypassed the constitutional process requiring presidential nomination and Senate confirmation for U.S. attorneys.
“I conclude that the current leadership structure for the Office of the United States Attorney for the District of New Jersey exceeds the Attorney General’s statutory authority to appoint inferior officers and delegate them powers and therefore constitutes a unilateral appointment in violation of the Appointments Clause,” Brann wrote.
The ruling is the latest development in a broader legal fight over how the Trump administration has filled top federal prosecutor positions around the country.
Habba, who previously served as one of Trump’s personal defense attorneys, resigned in December after an appeals court upheld a ruling that she had been serving unlawfully as acting U.S. attorney in New Jersey.
Attorney General Pam Bondi then installed the three Justice Department officials to divide the office’s criminal, civil and administrative responsibilities.
Brann said that structure, which he described as a “triumvirate,” effectively allowed the administration to bypass the Senate confirmation process required for U.S. attorneys.
Habba criticized the decision on Monday on social media.
“Another ridiculous ruling from Judge Brann disqualifying three individuals serving New Jersey’s DOJ front office of the U.S. Attorney,” she wrote on X. “Judges may continue to try and stop President Trump from carrying out what the American people voted for, but we will not be deterred. The unconstitutionality of this complete overreach into the Executive Branch, time and time again, will not succeed.”
The DOJ did not immediately respond to a request for comment from Gothamist.
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new jersey
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Giulia Heyward
Giulia Heyward is a breaking news reporter on the Day-Of desk. She previously worked at NPR, as a breaking news reporter, and the New York Times, as a reporting fellow on the national desk. Her work has also appeared in CNN, The Atlantic and Politico. Got a tip? Email [email protected] or more securely on signal at 917-715-1458.
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