#john sarcone acting us attorney
Judge Strikes Down Acting U.S. Attorney John Sarcone’s Appointment, Jeopardizing Letitia James Investigation
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ALBANY, N.Y. — A federal judge has ruled that John A. Sarcone III, the acting U.S. attorney for the Northern District of New York, was installed unlawfully and therefore cannot pursue subpoenas targeting New York Attorney General Letitia James.
U.S. District Judge Lorna G. Schofield quashed the subpoenas and barred Sarcone from further involvement in the civil-rights inquiry, saying the Justice Department “skirted restraints put in place by Congress” when it re-designated him after his 120-day interim term lapsed last July. The decision marks the latest setback for a series of Trump-era prosecutors whose appointments have been struck down for bypassing Senate confirmation.
Key points
• Invalid appointment: Judges in the Northern District declined to extend Sarcone’s tenure last summer. The Justice Department responded by naming him “special attorney” and “first assistant,” moves Schofield said federal law does not permit for elevating an acting U.S. attorney indefinitely.
• Subpoenas tossed: Sarcone’s office had demanded extensive files from James’s civil fraud lawsuit against Donald Trump and her separate case against the National Rifle Association. The judge ruled any subpoenas issued under Sarcone’s signature are void but allowed the government to reissue them under a lawfully appointed prosecutor.
• Political overtones: James, a Democrat, called the ruling “an important win for the rule of law,” arguing the probe was retaliation for her high-profile litigation against Trump. Senate Majority Leader Chuck Schumer said the court confirmed the administration “tried to cut corners, ignore the law and bypass the Senate.”
• Pattern of defeats: Sarcone is the fifth acting U.S. attorney since October to be disqualified or have cases dismissed over appointment flaws, following similar decisions in New Jersey, Nevada, California and Virginia.
• DOJ stance: Spokesman Chad Gilmartin said the department “will continue to fight and defend the president and attorney general’s authority to appoint their U.S. attorneys,” signaling a possible appeal.
Who is John Sarcone?
A longtime Republican lawyer with no prior prosecutorial experience, Sarcone served on Trump’s 2016 campaign legal team and later held a senior role at the General Services Administration. Attorney General Pam Bondi tapped him in March 2025 to lead the Northern District, which covers 32 upstate counties including Albany, Syracuse and Binghamton.
What’s next?
• Leadership vacuum: Schofield’s order doesn’t automatically remove Sarcone from day-to-day control of the office, but defense lawyers are expected to challenge his authority in other pending cases.
• Possible appeal: The Justice Department has 30 days to seek review by the Second Circuit.
• Impact on probes: Any reissued subpoenas must come from a duly confirmed or court-appointed prosecutor, potentially slowing or reshaping investigations into James and other high-profile targets.
SEO takeaway
The disqualification of John Sarcone as acting U.S. attorney underscores ongoing legal battles over Trump-era appointments and adds fresh turbulence to the Justice Department’s clash with New York Attorney General Letitia James. Search interest is likely to surge around “John Sarcone legitimacy,” “Judge Schofield ruling,” and “Letitia James subpoenas,” making timely updates essential as the DOJ weighs its next move.
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