Judge disqualifies lawyers running New Jersey U.S. Attorney’s Office

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USA TODAY Network via Reuters Connect

A federal judge has ruled that the three U.S. attorneys running the New Jersey U.S. Attorney’s Office are disqualified from overseeing prosecutions because they were appointed unlawfully.

U.S. District Judge Matthew Brann, who serves in the Middle District of Pennsylvania, in a 130-page opinion filed on March 9, disqualified the lawyers − Philip Lamparello, Jordan Fox and Ari Fontecchio − leading the office, ruling that the Trump administration acted unlawfully in putting in the trio to replace Alina Habba.

Habba stepped down from the office in December after the Third Circuit of Appeals upheld a ruling by Brann in August that Habba’s appointment to U.S. Attorney was illegal.

“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 said in his opinion.

Brann then warned that any attempt by the government to “unlawfully fill the office will result in dismissals of pending cases.”

The disqualification stemmed from the lawyers for Raheel Naviwala and Daniel Torres, two criminal defendants with cases in the New Jersey U.S. Attorney’s Office, arguing that the Trump administration was acting unlawfully by naming three lawyers to lead the office without Senate confirmation, and that their clients’ cases should be dismissed.

Brann, in his ruling, said that the disqualification would not lead to Naviwala’s case being dismissed, while a dismissal of Torres’ case would be determined by additional legal briefing. He ruled that the trio of attorneys could not participate in the prosecution of the two cases or supervise any attorneys prosecuting them.

Brann also ruled that the disqualification will be put on hold pending appeals from the government and from lawyers from Torres.

The Justice Department did not immediately respond to a request for comment.

Meanwhile, Habba criticized the ruling in a post on X, calling it “ridiculous” and saying that “Judges do not fire DOJ officials, AG Pam Bondi and POTUS do − get in line.”