U.S. District Judge Matthew Brann disqualified the leadership of the U.S. Attorney's Office in New Jersey, finding that the three-person team installed after Alina Habba's removal was unlawfully appointed. Brann ruled the arrangement exceeded the Attorney General's authority and violated the Appointments Clause, and he stayed enforcement of his order pending appeal. The judge warned that improperly appointed prosecutors could jeopardize prosecutions and noted similar problems have arisen in multiple states.
Judge Disqualifies New Jersey DOJ Leadership, Warns Improper Appointments Could Jeopardize Prosecutions
A federal judge on Monday disqualified the senior leaders of the U.S. Attorney's Office for the District of New Jersey, ruling that the three-person leadership team installed after the removal of Alina Habba had been unlawfully appointed.
U.S. District Judge Matthew Brann — who last summer concluded that Alina Habba, a former personal lawyer to President Trump, had been improperly appointed as acting U.S. attorney — held that the Justice Department’s attempt to divide the office’s authority among three officials exceeded the Attorney General’s authority and violated the Appointments Clause of the Constitution.
Habba resigned from the post in December after a federal appeals court upheld Judge Brann’s earlier ruling. Following her departure, the Justice Department delegated the office’s responsibilities among Philip Lamparello, Jordan Fox and Ari Fontecchio. Brann found that dividing the office’s powers among the three amounted to an unlawful circumvention of the proper appointment process.
Court Ruling and Stay
In a detailed 130-page opinion, Brann wrote that the department’s actions were intended to "fill the Office of the United States Attorney for the District of New Jersey unilaterally," rather than by using established avenues such as presidential nomination and Senate confirmation. He rejected the government's argument that the Attorney General may appoint subordinates to perform any other subordinate role regardless of the significance of that role.
"One year into this administration, 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," Brann wrote. "The Government's conduct in this case is intended to fill the Office of the United States Attorney for the District of New Jersey unilaterally."
Brann ordered the disqualification but stayed implementation of that order while the government pursues an appeal. He did not immediately dismiss the criminal indictments tied to the challenge, leaving those cases in place for now pending appellate review.
Potential Consequences
The judge cautioned that improperly appointed prosecutors can create serious legal consequences: "Scores of dangerous criminals could have their cases dismissed or convictions eventually reversed" if the office lacks a legally valid U.S. attorney. Brann also noted that the problem could extend to other districts where interim prosecutors have been kept in office beyond federal time limits, exposing convictions and pending charges to challenge.
Similar rulings in recent months have found temporary U.S. attorneys unlawfully serving in at least five states, including New York, Virginia, California and Nevada — often focused on efforts to retain interim appointees beyond the 120-day limit set by federal law.
Responses
Alina Habba, who now serves as a senior advisor within the Justice Department, posted on X that Brann's ruling was "ridiculous," calling the repeated use of broad executive authority "an overreach" that "will not succeed." The Justice Department did not immediately respond to a request for comment.
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