In a scathing 130-page memorandum opinion filed Monday, Chief U.S. District Judge Matthew W. Brann ruled that the Department of Justice’s current leadership structure in the District of New Jersey is unconstitutional.
The decision effectively dismantles the “triumvirate” of officials appointed by Attorney General Pam Bondi to oversee the office following the forced resignation of the previous acting head, Alina Habba.
The court found that the arrangement—which split the duties of a United States Attorney among three hand-picked subordinates—violated the Appointments Clause of the Constitution and the Federal Vacancies Reform Act (FVRA).
Judge Brann characterized the government’s legal defense as a “rhetorical smokescreen,” famously noting that while the DOJ dressed its power grab in the “sheep’s wool of administrative necessity,” in reality, “this wolf comes as a wolf.”
The ruling stems from challenges brought by criminal defendants Raheel Naviwala and Daniel Torres. They argued that because the Office of the U.S. Attorney for New Jersey is vacant, the Attorney General cannot simply delegate that office’s power to officials who haven’t been confirmed by the Senate.
Judge Brann agreed, asserting that the government attempted to unilaterally fill an office that, by law, requires a Presidential nomination and Senate “advice and consent.”
The court was particularly critical of the administration’s admission that it chose this “byzantine leadership structure” simply because the President “doesn’t like that he cannot simply appoint whomever he wants.” Judge Brann pointed out that legal alternatives exist, such as judicial appointments or using the FVRA properly, but the executive branch was “not prepared” to use them.
The opinion highlights a growing friction between the branches of government. Judge Brann noted that the President and his top aides have “chafed at the limits on their power” and frequently purport to discover “enormous grants of executive power hidden in the vagaries and silences of the code.”
By striking down the triumvirate, the court sought to preserve the equilibrium of power the Founders intended.
As a result of the ruling, the three officials—Philip Lamparello, Jordan Fox, and Ari Fontecchio—are disqualified from supervising the prosecutions of Naviwala and Torres.
While the court declined to dismiss Naviwala’s conviction, it has requested further briefing to determine if Torres’s indictment, signed under the “unlawfully exercised” authority of Alina Habba, can stand.
Judge Brann issued a stern warning to the Department of Justice: “The government is warned that any further attempts to unlawfully fill the office will result in dismissals of pending cases.”
The decision is currently stayed to allow for a speedy appeal, though the court noted that the government continues the current arrangement “at its own risk.”
READ: Fire In The Gulf: U.S. Vows ‘Most Intense’ Strikes On Iran Coming
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox
