A federal judge ruled Monday that the three attorneys currently leading the U.S. Attorney’s Office in New Jersey are serving unlawfully, escalating the Trump administration’s long-running dispute over who can legally run the federal prosecutor’s office in the state.
U.S. District Judge Matthew Brann issued a 130-page opinion disqualifying senior counsel Philip Lamparello, executive assistant U.S. attorney Ari Fontecchio, and special attorney Jordan Fox. The trio had been installed to divide the responsibilities of the U.S. attorney role after former acting U.S. Attorney Alina Habba stepped down in December.
Brann, an appointee of former President Barack Obama, is a Pennsylvania judge who was assigned to weigh the matter to avoid conflicts of interest among New Jersey’s federal judges. He stayed his ruling pending appeal, meaning the three attorneys may temporarily continue overseeing the office.
The decision marks the second time in less than a year that Brann has ruled that the office’s leadership was unlawfully appointed. Last summer, he determined that Habba, a former personal lawyer for President Donald Trump, lacked legal authority to serve as acting U.S. attorney. An appeals court later upheld that ruling.
After Habba’s departure, Attorney General Pam Bondi appointed Lamparello, Fontecchio, and Fox to collectively handle the responsibilities of the office. Brann ruled Monday that dividing the position among three officials violated the Constitution’s Appointments Clause.
“The Government assembles a convoluted patchwork of statutory cross-references to craft a leadership structure that it contends can do anything a United States Attorney can, without being a United States Attorney,” Brann wrote.
The case was brought by two defendants challenging their prosecutions, including Raheel Naviwala, a Florida man convicted of defrauding Medicare and other insurers of roughly $100 million.
DOJ COULD SOOK ASK SUPREME COURT TO CONSIDER LEGAL BATTLE OVER TRUMP-APPOINTED US ATTORNEYS
Brann warned that continuing to operate the office without a properly appointed U.S. attorney could jeopardize criminal prosecutions.
“Any further attempts to unlawfully fill the office will result in dismissals of pending cases,” he wrote, cautioning that “scores of dangerous criminals could have their cases dismissed or convictions eventually reversed” if prosecutors lack legal authority.
Another ridiculous ruling from Judge Brann disqualifying three individuals serving New Jersey’s DOJ front office of the U.S. Attorney.
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…
— Alina Habba (@AlinaHabba) March 9, 2026
Habba criticized the ruling on social media, calling it “ridiculous” and accusing the court of overstepping into the executive branch.
“The unconstitutionality of this complete overreach into the Executive Branch, time and time again, will not succeed,” Habba wrote. “They would rather have no U.S. Attorney than safety for the people of NJ.”
