Federal prosecutors resumed their fight to get former NYPD Commissioner Bernard Kerik?s lawyer thrown off the case Monday.

Prosecutors claim Kenneth Breen was at a meeting between Kerik?s former attorney and the Bronx district attorney regarding criminal charges against Kerik. They say Breen made false statements that allowed Kerik to get a lighter sentence.

Judge Stephen Robinson still has to decide if Breen will be allowed to remain on Kerik?s defense team, but says he could be a ?compelling? witness for the prosecution.

Kerik is charged, in part, with intentionally having his lawyer make false statements. The prosecutors say Breen should be disqualified because he could be a witness for the prosecutor or defense in the same case he is representing Kerik.

A federal judge still has to decide if Breen will be allowed to remain on Kerik?s defense team.

Kerik first appeared at the federal courthouse in White Plains in November to face a 16-count indictment. The former NYPD commissioner was represented by Breen as he pleaded not guilty to the list of charges including lying to the White House and filing false tax returns.

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