SCRANTON, PA—A federal judge has barred the three leaders of New Jersey's federal prosecution office from overseeing cases, ruling the Trump Administration appointed them unlawfully. U.S. District Judge Matthew Brann warned Monday that further improper appointments "will result in dismissals of pending cases."
The decision targets First Assistant Philip Lamparello, Supervising Attorney Jordan Fox and Deputy Chief Ari Fontecchio. All three took office in January, with Lamparello starting January 21 after serving as counsel to Assistant Attorney General Emil Bove in Washington. Bove now acts as a federal judge for the U.S. Court of Appeals, Third District.
Brann previously found the same trio improperly appointed in January. His 130-page ruling marks the second federal court finding that the administration violated the Appointments Clause in selecting Newark's leadership. The constitutional provision requires certain officials be Senate-confirmed or statutorily succeeded.
The disqualification arose in challenges brought by defendants Raheel Naviwala, Daniel Torres and Christopher Castelluzzo. Their prosecutions proceed without oversight from the barred attorneys. The ruling does not automatically dismiss pending cases but exposes them to constitutional challenges.
Brann characterized government arguments as a "rhetorical smokescreen" and warned "I am not fooled by" the Justice Department's position. He stayed his decision pending a "speedy appeal" but left open the possibility that DOJ could "ratify" the trio's past decisions. Fox, 30, had attempted to mend relationships with judges and explored judicial appointment as interim U.S. Attorney before the ruling.
The trio has overseen all criminal divisions in Newark since January. The office declined comment Monday as did the Department of Justice. The ruling creates a leadership vacuum at the state's largest federal law enforcement office, which handles approximately 1,200 criminal cases annually.
Brann sits in the Middle District of Pennsylvania. His decision affects Newark because the three attorneys exercised supervisory authority over cases there. The Appointments Clause requires principal officers be presidentially nominated and Senate-confirmed. U.S. Attorneys and immediate deputies require this process.
The administration has relied on acting appointments nationwide. Attorney General Pam Bondi serves without Senate confirmation, as do several U.S. Attorneys. This practice has generated multiple court challenges with Brann's ruling joining disqualifications in Nevada, California, Virginia and New York.
New Jersey has lacked a confirmed U.S. Attorney since the Biden Administration. The three attorneys served in acting capacities pending permanent appointment.
Federal prosecutors in Newark handle Hudson County ports, pharmaceutical fraud and terrorism investigations. The office employs approximately 150 attorneys. Monday's ruling removes the top supervisors from legal authority but does not affect line prosecutors.
Defense attorneys may file motions challenging cases processed under the trio's supervision. Courts could dismiss indictments if constitutional violations are established. The ruling applies immediately to Naviwala, Torres and Castelluzzo. Habba responded on X calling the decision "another ridiculous ruling from Judge Brann."
CORRECTION: A previous version of this article misstated Bove's current job title.
Sources
NJ.com (March 10, 2026)
POLITICO (March 10, 2026)
Washington Post (March 10, 2026)
Daily Record (March 10, 2026)
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