In courtroom drama, N.J. judge throws prosecutor out during hearing

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A New Jersey federal judge’s frustration with the operation of the New Jersey U.S. Attorney’s Office boiled over during a sentencing hearing, where he threw out a federal prosecutor who was not supposed to be in the courtroom.

U.S District Judge Zahid Quraishi declined to go forward with a March 16 sentencing in a child pornography case in federal court in Newark after he couldn’t get straight answers from a government prosecutor about the plea agreement.

The judge then stipulated that he needed to know who was running the U.S. Attorney’s Office before he would go forward with sentencing.

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.

Quraishi asked Assistant U.S. Attorney Daniel Rosenblum, according to a transcript of the hearing, “So who is currently running the U.S. Attorney’s Office today as you stand before me?”

Rosenblum responded, “The leadership structure remains the same for now,” prompting the judge to press Rosenblum to identify Lamparello, Fox and Fontecchio.

Habba stepped down from the office in December after the 3rd U.S. Circuit of Appeals upheld a ruling by Brann in August that Habba’s appointment as U.S. attorney was illegal.

When Quraishi asked Rosenblum if Habba is presently involved in any role in running the office, Mark Coyne, a supervisory assistant U.S. attorney in the New Jersey office, who was in the courtroom, answered, “She is not.”

That angered the judge, as Coyne had not filed a notice of appearance to allow him to address the court.

“You don’t get to blindside the court and do whatever it is you guys want to do. So, if you continue to speak, you can leave,” Quraishi said.

Coyne did not heed the judge’s warning, which led Quraishi to tell Coyne to leave or he would have security officers remove him. Coyne chose to leave, the transcript says.

After removing Coyne, Quraishi resumed questioning Rosenblum about communication between Habba and the legal trio that replaced her. Rosenblum said he had no “personal knowledge” of any communication.

The judge wrapped up the court’s proceedings by chastising the New Jersey U.S. Attorney’s Office for proceeding with the sentencing hearing, and Rosenblum for not being prepared to answer his questions.

He then said he would schedule a hearing where Lamparello, Fox and Fontecchio would each testify separately about who exactly is running the office. That hearing is scheduled for May 4.

A Justice Department spokesperson said in a statement, “For nearly a year, this Department of Justice has sought to empower federal prosecutors in New Jersey who will aggressively enforce our nation’s laws and keep people safe. Unfortunately, some judges are more interested in courtroom theatrics and constitutional overreach than promoting public safety. It is an especially troubling moment when a court chooses to sideline a case involving child exploitation. There is no place for that in the justice system.”

Quraishi became the first Muslim to serve on the federal bench when he was appointed by former President Joe Biden in 2021. His questioning and his removal of the federal lawyer were first reported in The New York Times.