Judge Again Rules New Jersey U.S. Attorney Leadership Unlawful, Warns Cases at Risk

U.S. District Judge Matthew Brann has ruled that Attorney General Pam Bondi’s move to split leadership of the U.S. Attorney’s Office in New Jersey among Philip Lamparello, Jordan Fox and Ari Fontecchio is unconstitutional, marking the second time in less than a year that top DOJ officials there have been found to be serving unlawfully. Brann, who previously ruled former acting U.S. Attorney Alina Habba’s appointment illegal, held that Bondi exceeded her authority and violated the Constitution’s Appointments Clause by creating a three‑person leadership structure instead of using established nomination and confirmation channels. In a 130‑page opinion, he stayed the order pending appeal but warned that 'scores of dangerous criminals could have their cases dismissed or convictions eventually reversed' if the vacancy is not filled lawfully, and explicitly threatened future dismissals if DOJ tries more workarounds. Brann criticized the Trump administration for trying to discover 'enormous grants of executive power hidden in the vagaries and silences of the code' rather than following statutory procedures, noting similar unlawful interim U.S. attorney rulings in at least four other states. The decision raises the stakes for ongoing and past prosecutions out of New Jersey and potentially other districts, as defense lawyers and legal analysts on social media are already eyeing challenges to indictments and convictions tied to improperly appointed U.S. attorneys.