Judge Names New US Attorney in NJ After Court Rejects DOJ Workarounds
Background of the New Jersey US Attorney Appointment
The chief district judge in New Jersey, Renee Marie Bumb, has appointed Robert Frazer, a seasoned prosecutor, as the US attorney for the state. This decision marks the end of a prolonged dispute regarding the legality of the office’s leadership, which had threatened to disrupt criminal investigations. Frazer’s appointment is expected to bring stability and continuity to the office, which has faced significant challenges over the past few weeks.
Frazer has a long-standing career in prosecution, with experience in cases involving violent crime and organized gang activity. He recently served as senior trial counsel. His appointment could resolve the chaos that has been occurring in New Jersey, where court rulings have deemed the office’s structure unlawful, leading to the cancellation of plea hearings and sentencing processes.
The order appointing Frazer was signed by Chief Judge Bumb on Monday. According to a source familiar with the matter, the court’s chief judge worked directly with Deputy Attorney General Todd Blanche’s office on this appointment. This model may be used in other districts where acting US attorneys were disqualified by the judiciary.
In a statement to Jendela Magazine, a Justice Department spokesman expressed gratitude for the collaboration between the district court and the DOJ, allowing criminal prosecutions to resume without unnecessary delays or challenges.
The Unstable Leadership in New Jersey
Frustrations reached a peak last week when Judge Zahid N. Quraishi, a former prosecutor, canceled the sentencing of a defendant who had pled guilty to child pornography charges. He ordered the senior leadership at the US attorney’s office to testify under oath before him in May. During the hearing, Judge Quraishi criticized prosecutors, stating, “Generations of Assistant US Attorneys had built the goodwill of that office for your generation to destroy it within a year.”
The uncertainty in the New Jersey prosecutors’ office began last summer when President Donald Trump appointed Alina Habba, his former personal lawyer, as interim US attorney. When her 120-day term expired in July, the district judges refused to extend her appointment and selected Desiree Leigh Grace, the office’s First Assistant US Attorney, to the position. However, Attorney General Pam Bondi fired Grace, and Habba was reinstated as acting US attorney—a move defendants argued was illegal.
Federal Judge Matthew Brann ruled that Habba was illegally appointed as the acting US attorney in the District of New Jersey. The Third Circuit Court of Appeals upheld this decision. Bondi then appointed a trio of attorneys—Philip Lamparello, Jordan Fox, and Ari Fontecchio—to share Habba’s role. However, Brann later found that Bondi did not have the authority to create such an alternative leadership structure. In his opinion, he warned, “If the government chooses to leave the triumvirate in place, it does so at its own risk.”
Collaboration Between Courts and the DOJ
Mark Coyne, chief of the appeals division at the US attorney’s office in New Jersey, informed Brann on Monday that Frazer’s appointment followed consultations between the District Court and the Department of Justice’s senior leadership. Coyne, who has appeared before several judges as a senior official from the office, was ordered to leave the courtroom last week by Quraishi.
This collaboration between the court and DOJ leadership represents a shift in tone from the Justice Department, which has previously clashed with district judges over their appointments of US attorneys in several districts. Last month, the district judge’s choice to run the US attorney’s office for the Northern District of New York was fired hours after he was sworn in. At the time, Blanche posted on X, “Judges don’t pick US attorney’s, @POTUS does.”
Reactions and Future Implications
Rahul Agarwal, one of the lawyers who challenged the legality of the triumvirate, noted that Frazer is a “tremendously good prosecutor” with an “outstanding” reputation among judges in the district. Agarwal highlighted that Frazer has built his career prosecuting violent criminals and has always maintained a strong ethical stance.
Habba, who resigned as acting US attorney after a federal appeals court found her appointment unlawful, praised Frazer’s appointment. She is now a senior adviser to Bondi. Habba stated, “New Jersey deserves a great chief federal law enforcement official who is in line with President Trump’s agenda of making this country safe and NJ great! I know Rob well and he will be a great champion of this state and mission of the @TheJusticeDept.” She also praised the collaboration between judges, Bondi, and Blanche.
The Justice Department has lost every legal challenge made over the legality of US attorney appointments—including in New Jersey, Nevada, New Mexico, the Central District of California, Northern District of New York, and Eastern District of Virginia. It remains unclear if the consultation in New Jersey will extend to other districts.
Last week, the appointment of Brad Schimel as interim US attorney for the eastern district of Wisconsin expired. The majority of district court judges declined to extend his position, stating it “awaits the nomination and confirmation of a full-time United States Attorney by the President and United States Senate.”
Jendela Magazine’s Hannah Rabinowitz contributed to this report.
