By Andrew Goudsward
WASHINGTON, March 23 (Reuters) – Federal judges in New Jersey on Monday named a new top federal prosecutor in the state with the agreement of President Donald Trump’s administration, a move that appeared to end a months-long confrontation that had imperiled scores of criminal cases.
Robert Frazer, a career federal prosecutor, was appointed U.S. Attorney for New Jersey following talks between judges on New Jersey’s federal District Court and Trump’s Justice Department, according to a court filing.
The move marked the first such agreement between the DOJ and federal courts, which have repeatedly clashed over the authority to appoint U.S. Attorneys, who serve as the top federal prosecutors in their districts.
In New Jersey, the U.S. Attorney’s Office has been in limbo for months after a federal judge determined the Trump administration had unlawfully tried to keep Alina Habba, a former personal lawyer to Trump with no prior prosecutorial experience, as U.S. Attorney beyond her 120-day interim tenure.
The Justice Department then divided up responsibility for leading the office among three officials, an arrangement dubbed the “triumvirate” that a federal judge also struck down as unlawful. The rulings led to delays in ongoing criminal cases, and in some cases, questions about their viability.
Frazer, a 20-year veteran of the office, emerged as a consensus choice. Habba described him on social media as “in line with President Trump’s agenda” and hailed the collaboration with judges.
The dispute in New Jersey reflected larger tensions between federal courts and the Trump administration, whose officials have regularly attacked judges as “rogues” and “activists” for rulings deeming parts of Trump’s agenda unlawful.
Federal law allows courts to name a U.S. Attorney in their district if a 120-day interim tenure expires without the U.S. Senate voting to confirm a nominee. But the Trump administration, which has advanced an aggressive view of presidential power, has argued that it alone has the authority to name U.S. Attorneys.
The Trump administration has fired at least three court-appointed U.S. Attorneys, including the New Jersey court’s initial pick to replace Habba last year, accusing courts of political motivations.
The simmering dispute led judges to accuse the Trump administration of endangering public safety in New Jersey and seeking to circumvent protections in the U.S. Constitution governing the appointment of federal officials.
(Reporting by Andrew Goudsward; Editing by Chris Reese)
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