A federal judge in New York has disqualified Acting U.S. Attorney John Sarcone from handling two investigations involving New York Attorney General Letitia James.
The judge ruled that Sarcone was not lawfully serving in the position when key subpoenas were issued.
In a 24-page opinion issued on Thursday, U.S. District Judge Lorna Schofield held that Sarcone lacked the legal authority to act as Acting U.S. Attorney for the Northern District of New York, rendering his past and future actions in that role “void or voidable.”
The decision also quashed two subpoenas issued to the New York Attorney General’s Office as part of the investigations.
Sarcone, a former campaign attorney for President Donald Trump, was initially appointed as interim U.S. attorney after the president declined to nominate a permanent candidate when taking office. Under federal law, interim appointments are limited to 120 days unless extended by district judges or followed by a Senate-confirmed nomination. When Sarcone’s term expired, judges in the Northern District declined to extend his appointment.
Associated Press/Seth Wenig/File
Shortly thereafter, U.S. Attorney General Pam Bondi appointed Sarcone as a special attorney and named him first assistant U.S. attorney, steps intended to keep him in place as acting U.S. attorney. However, Judge Schofield ruled that the maneuver amounted to an unlawful workaround.
“Federal law does not permit such a workaround,” Schofield wrote, stating that the Justice Department took “coordinated steps—through personnel moves and shifting titles—to install Mr. Sarcone as Acting U.S. Attorney” despite the expiration of his lawful authority.
Sarcone’s office had been investigating James over her handling of the civil fraud case against President Trump and a lawsuit filed by her office against the National Rifle Association and its executives.
James was subpoenaed in August, but later sued to quash the subpoenas, arguing they were invalid because Sarcone was unlawfully appointed. While the Justice Department maintained that Sarcone’s designation as a special attorney granted him subpoena power, the court rejected that argument.
Judge Schofield further ruled that Sarcone is disqualified from any future involvement in prosecuting or supervising the investigations that prompted the subpoenas.
The decision marks another legal victory for Letitia James, who has successfully challenged similar appointments elsewhere. A criminal case against her in Virginia was temporarily dismissed on similar grounds, after a court found that the federal prosecutor involved was unlawfully appointed. The Justice Department is appealing that ruling.
Sarcone is now the fifth temporary U.S. attorney pick from the Trump administration to be disqualified by a federal judge. In recent months, courts have also ruled that top federal prosecutors in Nevada and New Jersey, including former Trump personal attorney Alina Habba, were unlawfully serving in their roles.
Responding to the ruling, a Justice Department spokesperson said the department “will continue to fight and defend the President and the Attorney General’s authority to appoint their U.S. Attorneys.”
