Federal judge invalidates Bondi’s chosen New Jersey prosecutors

TRENTON, NJ: A federal judge ruled Monday, March 10, that three prosecutors handpicked by Attorney General Pam Bondi to lead the New Jersey US Attorney’s office were appointed illegally.

The decision by US District Judge Matthew Brann marks the second time in months that the court has disqualified the administration's leadership picks for the office for failing to secure Senate confirmation.

Bondi appointed lawyers Jordan Fox, Ari Fontecchio, and Philip Lamparello to share the responsibilities of the role after Trump’s former personal lawyer, Alina Habba, resigned in December. Habba stepped down after consecutive rulings found she was serving unlawfully without congressional approval.

Executing an unprecedented assertion of power

In a blistering 130-page ruling, Judge Brann accused the executive branch of trying to evade the Constitution’s Appointments Clause.

He noted that by splitting the US Attorney role into three parts, the administration attempted to "dilute" the position to avoid the legal requirement for "advice and consent" from the Senate.

"It is unthinkable that such an obvious means for the executive to expand its power would have been overlooked by Congress," Brann wrote.

He warned that the administration’s "byzantine leadership structure" represents an enormous assertion of presidential power that threatens the separation of branches.

Thousands of criminal prosecutions in jeopardy

The ruling stems from challenges brought by several criminal defendants who argued their cases were being overseen by unconfirmed, and therefore illegal, leadership. While Brann did not immediately dismiss these indictments or order the trio’s removal pending a government appeal, he cautioned that further unconfirmed leadership will "result in dismissals of pending cases."

The judge scolded the administration for prioritizing political control over the legal system's functioning, stating that the government "cares far more about who is running" the office than about its operational status. He warned that the fate of thousands of prosecutions now rests on a leadership structure he deemed "unprecedented."

Habba slams ruling as judicial overreach

Alina Habba, now a senior adviser to Bondi, criticized the decision on social media, calling it "another ridiculous ruling." She argued that the judiciary is attempting to stop the president from carrying out his mandate. She insisted that judges do not have the authority to "fire" Department of Justice officials.

"They would rather have no US Attorney than safety for the people of New Jersey," Habba wrote, accusing the courts of an unconstitutional overreach into the executive branch. Despite the pushback, federal courts have recently invalidated multiple other Trump appointments for similar failures to secure Senate approval.