Court Cites Legal Authority Previously Criticized by Trump DOJ, Now Deemed Justifiable

Instead of labeling New Jersey federal judges as “rogue” or “activists” for exercising their power to appoint head prosecutors, the Department of Justice opted for a more diplomatic approach. In collaboration with the court, they secured an appointment that even garnered high praise from Alina Habba.

On Monday, Chief U.S. District Judge Renée Marie Bumb, appointed by George W. Bush, issued a standard appointment order. This order, relying on the vacancies statute, 28 U.S. Code § 546(d), designated Robert Frazer, a veteran assistant U.S. attorney, as the new U.S. attorney. This was the same legal framework Judge Bumb referenced in July 2025 when she chose not to extend Habba’s interim role, instead appointing a replacement whom U.S. Attorney General Pam Bondi swiftly dismissed.

Back then, Bondi accused the judges of being “politically minded” and “rogue,” suggesting they were undermining the President’s fundamental Article II authority. In retaliation, the AG orchestrated Habba’s resignation as interim, only to reinstall her immediately as acting U.S. attorney. Such maneuvers were repeatedly rejected by federal judges nationwide, impacting the administration’s, and President Donald Trump’s, investigative agendas significantly.

Despite consecutive setbacks, the Trump administration maintained that the former personal attorney to the President was legally appointed as acting U.S. attorney. However, Habba withdrew from the position in December. Since her departure, New Jersey judges have criticized the U.S. Attorney’s Office and DOJ leaders for repeatedly violating court mandates and creating the legally dubious “triumvirate” to succeed Habba.

Moreover, the judge who initially removed Habba from prosecutions issued a stern warning recently. He cautioned that indictments might be dismissed unless the leadership at the U.S. Attorney’s Office transitioned from a “triumvirate” model to one that was both operational and constitutionally sound.

Chief U.S. District Judge Matthew Brann of the Middle District of Pennsylvania was designated to handle challenges of Habba’s authority, and Brann likewise heard challenges of the “triumvirate.” In both cases, the result was disqualification. But while slamming the “triumvirate” as an unconstitutional concoction and issuing a searing commentary on the administration’s intentions, Brann practically begged the government to “compromise” with the district court on the appointment.

“As long as the President is willing to find compromise, there is no reason that someone cannot always be performing the functions and duties of the office in complete conformity with the law,” the judge noted. “Yet 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.”

Habba herself lauded Frazer’s appointment.

“Congratulations to my colleague Rob Frazer at the Department of Justice in New Jersey who just became the next United States Attorney. 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,” Habba posted on X, with Deputy Attorney General Todd Blanche reposting.

This time, there was no outcry about “rogue” judges, and instead a DOJ spokesperson thanked the district court for appointing Frazer so “criminal prosecutions can resume without needless challenge or delay,” according to a New York Times report.

The one point Habba emphasized “should be clear” in her post is that it was on the court to work with Bondi and Blanche.

“One thing should be clear – when judges work with @AGPamBondi and @DAGToddBlanche under @POTUS to collaborate on serving what an overwhelming majority of Americans asked for at the ballots and not attack mindlessly for political gain THINGS GET DONE,” she wrote.

On that score, it’s a two-way street.

Frazer has what Habba did not: actual prosecutorial experience, and in the jurisdiction which he was appointed to lead. CNN reported that Frazer has served as a prosecutor for two decades, handled violent and organized crime cases, and won the respect of at least one of attorney who successfully argued the “triumvirate” structure was unlawful.