Federal Judge Removes Acting U.S. Attorney from Two Investigations Involving Letitia James

Recently, a judge in New York ruled that John Sarcone could no longer act as an interim U.S. attorney in the Northern District regarding two New York Attorney General probes.

The decision came after the judge declared that subpoenas linked to these investigations were issued during a period when Sarcone did not hold the position legally.

Previously serving as a legal advisor for Trump’s campaign, Sarcone became the interim U.S. attorney for the Northern District of New York—including Albany—last year.

However, once his 120-day term ended, the district's judges did not allow him to continue in the role.

In a subsequent move, Attorney General Pam Bondi nominated Sarcone as a special attorney, appointing him as the first assistant in the northern district in an attempt to extend his influence as the acting U.S. attorney.

This makes Sarcone the fifth individual selected by the administration to temporarily hold a U.S. attorney position, only to then be disqualified by judicial authorities.

His office undertook scrutiny for the management of a civil fraud probe into Trump and a litigation case against the NRA, which included issuing a subpoena to James in August.

Legal Arguments and Judicial Rulings

James contested the subpoenas in court, arguing that Sarcone's appointment was not valid. The DOJ countered, suggesting his special appointment provided adequate authorization for such actions.

However, Judge Lorna Schofield concluded Sarcone was unlawfully performing his duties as Acting U.S. Attorney. She stated that all actions taken under this premise could be invalidated.

Schofield further determined that Bondi's attempts to secure Sarcone’s role by altering titles within the office contravened federal regulations.

These strategic shifts, initiated on the day his original term ended, sought to unlawfully sustain Sarcone in the position. Schofield highlighted that federal statutes do not sanction such methods.

Furthermore, Schofield invalidated the subpoenas to James, as they were issued by someone without legal standing after his temporary term lapsed and without Senate confirmation.

The verdict not only nullified subpoenas but also barred Sarcone from further participation in the investigations connected to these orders.

Impact on Related Legal Proceedings

This decision presents another favorable outcome for James, who recently initiated proceedings to dismiss a criminal indictment due to a similar lack of valid authorization concerning a federal prosecutor in Virginia.

Similar judicial findings were issued in other jurisdictions, including Nevada and New Jersey, where temporary appointments were similarly ruled unlawful.

The DOJ has not provided immediate comments on these judicial directives.