2026年3月9日 / 美国东部时间下午5:18 / CBS新闻
周一，一名联邦法官宣布新泽西州美国检察官办公室负责人不合格，这是不到一年时间内第二次有法官裁定该司法部分支机构的高层领导任职不合法。
美国地区法官马修·布兰恩（Matthew Brann）去年夏天曾裁定，特朗普总统的前私人律师阿丽娜·哈巴（Alina Habba）被非法任命为新泽西州代理美国检察官，周一他再次裁定司法部对该职位的继任者任命同样违宪。
哈巴在联邦上诉法院支持布兰恩裁定后，于12月离开了该办公室。
哈巴离职后，司法部长帕姆·邦迪（Pam Bondi）任命菲利普·兰帕雷洛（Philip Lamparello）、乔丹·福克斯（Jordan Fox）和阿里·丰泰乔（Ari Fontecchio）三人共同分担美国检察官的职责。
周一，布兰恩裁定该部门非法将办公室权力分割给三人领导团队。
他裁定领导结构”超出”了邦迪的权限，违反了宪法任命条款，并警告称”任何进一步非法填补该职位的企图都将导致待审案件被驳回”。
法官在上诉期间暂停了其命令的执行，并未立即驳回对提起质疑的人的刑事起诉。
“在本届政府执政一年后，很明显特朗普总统及其高级助手对法律和宪法规定的权力限制感到不满。为避免这些障碍，本届政府经常声称在法规的模糊和沉默中发现了大量隐藏的行政权力，”布兰恩在其130页的意见书中写道。
他反驳了政府的论点，称其认为”司法部长可以任命任何人担任司法部的任何下属职位，并授权他们履行任何其他下属角色，无论该角色有多重要”。
布兰恩写道，政府本可以通过”可行的方法”填补哈巴被取消资格后留下的职位空缺，包括特朗普总统提名继任者并通过参议院确认程序，但”政府却告诉我们：总统不喜欢自己不能随意任命任何人”。
“很明显，政府在本案中的行为意图单方面填补新泽西州美国检察官办公室的职位，”布兰恩写道，”通过其声明和行动，政府明确表示，它更关心谁来领导新泽西州美国检察官办公室（USAO-NJ），而不是该办公室是否能正常运作。”
法官警告称，如果该办公室没有合法任命的美国检察官，”数十名危险罪犯的案件可能被驳回或最终定罪被推翻”。他还警告称，同样的问题可能适用于全美面临职位空缺的司法部办公室，因为法官可能会宣布由非法任命的检察官提起的刑事指控无效。
新泽西州是至少五个联邦法官裁定特朗普政府任命的临时美国检察官任职不合法的州之一，纽约、弗吉尼亚、加利福尼亚和内华达州也发布了类似命令。许多裁决都集中在政府试图在联邦法律规定的120天期限后继续留任临时美国检察官的问题上。
现任司法部高级顾问的哈巴在社交平台X上表示，布兰恩的裁决”荒谬可笑”。
“行政部门一次又一次对宪法的这种完全越权行为是违宪的，不会得逞。他们宁愿没有美国检察官，也不愿让新泽西州人民获得安全，”哈巴写道。
司法部尚未立即回应置评请求。
For 2nd time, judge rules top DOJ officials in New Jersey are serving unlawfully
March 9, 2026 / 5:18 PM EDT / CBS News
A federal judge disqualified the heads of the U.S. Attorney’s Office in New Jersey on Monday, marking the second time in less than a year that a judge has ruled the top leaders of the Justice Department outpost were serving unlawfully.
U.S. District Judge Matthew Brann, who ruled last summer that President Trump’s former personal lawyer Alina Habba was illegally appointed to acting U.S. Attorney in the District of New Jersey, ruled Monday that the Justice Department’s replacements to the role were also unconstitutionally appointed.
Habba left her role in the office in December after a federal appeals court backed Brann’s ruling.
After Habba’s departure, Attorney General Pam Bondi replaced her by appointing Philip Lamparello, Jordan Fox and Ari Fontecchio to divide the responsibilities of the U.S. attorney’s role between the three of them.
On Monday, Brann found that the department had unlawfully split the power of the office to a three-person leadership team.
He ruled that the leadership structure “exceeds” Bondi’s authority and was a violation of the Appointments Clause of the Constitution, and warned that “any further attempts to unlawfully fill the office will result in dismissals of pending cases.”
The judge stayed the implementation of his order pending appeal, and did not immediately dismiss the criminal indictments against the men who brought the challenge.
“One year into this administration, it is plain that President Trump and his top aides have chafed at the limits on their power set forth by law and the Constitution. To avoid these roadblocks, this administration frequently purports to have discovered enormous grants of executive power hidden in the vagaries and silences of the code,” Brann wrote in his 130-page opinion.
He pushed back on the government’s arguments, which he described as a belief that “the Attorney General can appoint anyone to any subordinate position in the Department of Justice and delegate them the authority to act in any other subordinate role, no matter how significant.”
Brann wrote that instead of going through the “viable methods” of filling the vacancy left by Habba’s disqualification, including President Trump nominating a successor and going through the Senate confirmation process, “the Government tells us: the President doesn’t like that he cannot simply appoint whomever he wants.”
“It is crystal clear and not capable of factual dispute that the Government’s conduct in this case is intended to fill the Office of the United States Attorney for the District of New Jersey unilaterally,” Brann wrote, adding that “through its statements and actions, the Administration has made clear that it cares far more about who is running the USAO-NJ than whether it is running at all.”
The judge cautioned that “scores of dangerous criminals could have their cases dismissed or convictions eventually reversed” if there is not a legally proper appointment of a U.S. attorney in that office. He warned the same issue could apply to Justice Department offices around the country that are currently facing vacancies, as judges could invalidate criminal charges brought under illegally appointed prosecutors.
New Jersey is one of at least five states where federal judges have ruled that a Trump administration-appointed temporary U.S. attorney is serving in their role unlawfully, with similar orders issued in New York, Virginia, California and Nevada. Many of the rulings focus on the administration’s efforts to keep interim U.S. attorneys on the job after a 120-day limit set by federal law.
Habba, now a senior advisor at the Justice Department, wrote on X that Brann’s ruling is “ridiculous.”
“The unconstitutionality of this complete overreach into the Executive Branch, time and time again, will not succeed. They would rather have no U.S. Attorney than safety for the people of NJ,” Habba wrote.
The Justice Department did not immediately respond to a request for comment.
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