Federal Judge Disqualifies Trump-Appointed Prosecutor From Targeting NY AG James After Unlawful Appointment
A federal judge on Thursday disqualified John A. Sarcone III from investigating New York Attorney General Letitia James because he was not lawfully appointed as acting U.S. attorney for the Northern District of New York. The ruling by U.S. District Judge Lorna G. Schofield in Manhattan confirmed the subpoenas Sarcone issued in connection with two criminal probes into James are invalid.
The decision raises immediate tension between the Justice Department and opponents of the Trump administration’s use of interim prosecutors remaining in office without Senate confirmation. The dispute could reshape how far the Biden-era judiciary will let the DOJ pursue politically sensitive investigations.
Schofield found that Sarcone’s appointment breached federal vacancies law after his initial 120-day interim term expired and judges in the district refused to extend it. The Justice Department attempted to circumvent that by naming him a “special attorney” and first assistant, but the judge ruled that federal law does not permit such workarounds to keep someone in power.
All subpoenas Sarcone issued must be quashed, Schofield wrote, though the government could reissue them through a properly authorized prosecutor.
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“Federal law does not permit such a workaround,” the judge wrote in her opinion.
The ruling matters because it follows a string of federal courts rejecting similar appointments of acting U.S. attorneys nationwide, undercutting politically charged prosecutions linked to Trump allies.
The DOJ has said it will defend the legality of Sarcone’s appointment, and prosecutors may still seek records from James’ office through a validly appointed attorney.
What happens next is likely renewed legal maneuvering as the Justice Department decides whether to reissue subpoenas and the court evaluates further challenges to interim appointments.
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