Appeals Court Questions Trump Administration’s Use of Unconfirmed Federal Prosecutors
A federal appeals court panel appeared skeptical Monday of the Trump administration’s use of extended interim appointments for top federal prosecutors who have not been confirmed by the U.S. Senate.
The hearing before the 2nd U.S. Circuit Court of Appeals focused on John Sarcone, the acting U.S. attorney for the Northern District of New York. Judges questioned whether the administration’s appointment strategy effectively allowed unconfirmed prosecutors to remain in powerful federal roles beyond normal temporary limits.
The legal issue is not just about one prosecutor.
U.S. attorneys can authorize subpoenas, oversee investigations and shape major federal cases. If a court finds that a prosecutor was not lawfully serving, actions taken under that authority can become vulnerable to challenge.
That is already part of the Sarcone fight. The dispute involves subpoenas connected to an investigation touching New York Attorney General Letitia James, a prominent Trump opponent, according to reporting on the case.
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The Trump administration’s approach has drawn scrutiny in other districts as well. The 3rd Circuit upheld the disqualification of Alina Habba as New Jersey’s top federal prosecutor after a lower court found the appointment violated federal law. In Virginia, Lindsey Halligan’s appointment also became part of broader litigation over Trump-backed prosecutions.
The Justice Department has defended the use of temporary appointment provisions, arguing that federal law allows the structure it used. Judges on Monday, however, questioned whether repeated or extended acting appointments could weaken the Senate’s confirmation role.
No final appellate ruling has been issued in Sarcone’s case. But the decision could affect more than one office. It may determine how far any administration can go in keeping preferred prosecutors in place without Senate confirmation.
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