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For 2nd time, judge rules top DOJ officials in New Jersey are serving unlawfully

Judge Matthew Brann ruled the three-person leadership unlawfully appointed, violating the Appointments Clause and Senate confirmation rules, risking dismissal of pending cases.

  • On March 9, 2026, U.S. District Judge Matthew Brann disqualified Philip Lamparello, Jordan Fox and Ari Fontecchio from overseeing federal prosecutions in New Jersey for violating the Appointments Clause.
  • After Alina Habba's removal last year, Attorney General Pam Bondi appointed a three-person leadership team to share authority, following Brann's ruling on Senate confirmation delays.
  • Brann warned that the leadership structure exceeds Bondi's authority and violates the Appointments Clause, cautioning that further unlawful attempts may lead to case dismissals.
  • The judge stayed his order pending appeal and did not immediately dismiss criminal indictments, warning the same issue could affect Justice Department offices nationwide and ordering dismissal of charges against Letitia James, New York Attorney General, and James Comey, former FBI Director.
  • The ruling exemplifies a pattern of judicial pushback, with courts in at least five states, including New Jersey, emphasizing Congress's requirement of presidential nomination and Senate confirmation for U.S. Attorneys, a standard for more than 236 years.
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Political Wire broke the news in New York, United States on Monday, March 9, 2026.
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