Judge Disqualifies Acting U.S. Attorney John Sarcone, Quashes Subpoenas in Letitia James Investigations
Judge Lorna G. Schofield ruled John Sarcone unlawfully served as acting U.S. attorney, quashing federal subpoenas in probes of NY Attorney General Letitia James Thursday.
Overview
U.S. District Judge Lorna G. Schofield disqualified John Sarcone, ruling his service as acting U.S. attorney was unlawful and quashing subpoenas issued to Letitia James' office.
The decision came in federal court in Manhattan on Thursday, handling challenges to subpoenas issued earlier from the Northern District of New York in Albany.
Schofield found the Justice Department used personnel reassignments and title changes to keep Sarcone past a statutory 120-day interim limit, violating federal appointment procedures.
The ruling joins several recent nationwide decisions invalidating similarly installed Trump administration interim prosecutors, intensifying scrutiny of DOJ appointment practices and related probes.
James' office called the decision "an important win for the rule of law." The DOJ maintains appointments were proper and may reissue subpoenas through authorized officials.
Analysis
Center-leaning sources report this story neutrally. They rely on court rulings and judge's language to explain legal reasoning, include both the Justice Department's position and Letitia James' challenge, and situate the decision within a broader pattern of similar disqualifications. Coverage emphasizes factual chronology without loaded editorial language.
Sources (10)
FAQ
Judge Lorna G. Schofield ruled that John Sarcone’s service was unlawful because his appointment bypassed the statutory requirements for who may exercise the powers of a U.S. attorney, including the limits on interim service and the need for presidential nomination and Senate confirmation, and none of the lawful vacancy-filling mechanisms authorized him to serve when he sought the subpoenas.
As a result of the ruling, the subpoenas that John Sarcone sought against New York Attorney General Letitia James’ office were quashed, meaning they are invalid and cannot be enforced in their current form.
Yes, Judge Schofield noted that the federal government could attempt to reissue the subpoenas or continue related investigations under the authority of a lawfully appointed prosecutor, although any new subpoenas could still face additional legal challenges on other grounds.
This decision makes John Sarcone at least the fifth Trump-appointed acting U.S. attorney found unlawful by federal courts, adding to a series of rulings that have invalidated similar interim appointments and increased scrutiny of the Justice Department’s use of temporary prosecutors.
Letitia James’ office called the decision an important win for the rule of law, while the Justice Department has maintained that its appointment practices were proper and may seek to reissue subpoenas through officials whose authority is not in question.
History
3 sources