Judge Asks Prosecutor To Leave Court, Questions How U.S. Attorney’s Office Is Being Run

During a heated hearing on Monday, District Court Judge Zahid Quraishi instructed a federal prosecutor to exit the courtroom as he scrutinized another prosecutor about the internal operations of New Jersey’s U.S. Attorney’s office.

This interaction underscored the judiciary’s escalating worries about the legal legitimacy of some actions by top prosecutors from the Trump administration.

Several of these attorneys, including those in New Jersey, were appointed through methods that sidestepped the Senate confirmation process typically required for such positions. This has sparked speculation that the cases they have pursued might not have the necessary legal foundation to continue.

In the sentencing hearing on Monday, Quraishi, appointed by Biden, questioned the peculiar leadership structure imposed on New Jersey’s U.S. Attorney’s office and reprimanded a federal prosecutor for disregarding his instructions. He expressed frustration at the apparent willingness to bypass established rules.

Supervisory Assistant U.S. Attorney Mark Coyne attended the hearing to support a fellow prosecutor from New Jersey but did not file a formal notice of appearance. Consequently, the judge instructed Coyne to refrain from speaking to the court and to communicate with his colleague through written notes and whispers.

When Coyne spoke up in response to a question about former U.S. Attorney for New Jersey Alina Habba, Quraishi issued a warning.

“You didn’t file a notice of appearance. You can’t ambush the court and do as you please,” Quraishi stated, according to court documents. “If you continue, you will have to leave.”

When Coyne persisted, Quraishi called for security to escort him out and asked him to leave voluntarily. Coyne agreed to leave.

However, according to a source familiar with the situation, Coyne was then permitted to remain at the counsel table. The transcript shows he did not speak for the rest of the hearing.

Quraishi also insisted that the three attorneys leading New Jersey’s U.S. Attorney’s office testify in court to clarify their current operations and the basis of their legal authority.

Last week, District Judge Matthew Brann ruled that the trio—Philip Lamparello, Jordan Fox, and Ari Fontecchio—were serving unlawfully. They were appointed to lead the office after Brann determined that Habba was working unlawfully in her role. Brann has put the ruling on hold pending an appeal.

During the president’s second term, the Trump administration has sought to maintain U.S. Attorneys in their positions even without Senate confirmation. Dividing the U.S. Attorney’s duties among three individuals was its latest strategy. However, these tactics have raised questions about whether the prosecutors’ actions could eventually be invalidated.

On Monday, Quraishi declared that he would not continue with the sentencing hearing until his questions regarding the office’s leadership were addressed.

“They’re going to answer my questions about who is running the office and how,” Quraishi said regarding the expected testimony.

“Generations of Assistant U.S. Attorneys had built the goodwill of that office for your generation to destroy it within a year,” Quraishi also remarked to a federal prosecutor during the hearing.

In light of Monday’s developments, Habba criticized what she referred to as “activist judges.”

“We will not be deterred,” she stated in a comment reported by Bloomberg.

“For nearly a year, this Department of Justice has aimed to empower federal prosecutors in New Jersey to vigorously enforce our nation’s laws and ensure public safety,” a Justice Department spokesperson told JS. “Regrettably, some judges prioritize courtroom theatrics and constitutional overreach over public safety.”