Federal Judge Goes NUCLEAR on Trump Prosecutors In New Jersy
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Attorneys Brian Kabateck and Shant Karnikian break down the latest ruling striking down the Trump administration's leadership of the U.S. Attorney's Office in New Jersey — the third time in seven months a judge has found the office is being run unconstitutionally. First, Trump installed his former personal attorney Alina Habba without Senate confirmation. Judge Matthew Brann ruled her appointment unlawful. The Third Circuit agreed. She resigned in December. Then Attorney General Bondi split the office among three officials — Philip Lamparello, Jordan Fox, and Ari Fontecchio — to jointly exercise the full powers of a U.S. Attorney. Judge Brann called it a "triumvirate," found it violates both the Appointments Clause and the Federal Vacancies Reform Act, and issued a 130-page ruling calling it "an enormous assertion of Presidential power." His warning: "Any further attempts to unlawfully fill the office will result in dismissals of pending cases." The consequences are real — scores of criminal cases, including convictions, could be reversed because the prosecutors handling them had no legal authority. Deputy AG Todd Blanche posted that "judges don't pick US attorneys, the president does." The judge's response, effectively: the Constitution does, and it requires Senate confirmation.
Attorneys Brian Kabateck and Shant Karnikian break down the latest ruling striking down the Trump administration's leadership of the U.S. Attorney's Office in New Jersey — the third time in seven months a judge has found the office is being run unconstitutionally. First, Trump installed his former personal attorney Alina Habba without Senate confirmation. Judge Matthew Brann ruled her appointment unlawful. The Third Circuit agreed. She resigned in December. Then Attorney General Bondi split the office among three officials — Philip Lamparello, Jordan Fox, and Ari Fontecchio — to jointly exercise the full powers of a U.S. Attorney. Judge Brann called it a "triumvirate," found it violates both the Appointments Clause and the Federal Vacancies Reform Act, and issued a 130-page ruling calling it "an enormous assertion of Presidential power." His warning: "Any further attempts to unlawfully fill the office will result in dismissals of pending cases." The consequences are real — scores of criminal cases, including convictions, could be reversed because the prosecutors handling them had no legal authority. Deputy AG Todd Blanche posted that "judges don't pick US attorneys, the president does." The judge's response, effectively: the Constitution does, and it requires Senate confirmation.
