A federal judge has removed acting Northern District of New York prosecutor John Sarcone from two Justice Department investigations targeting New York Attorney General Letitia James, ruling that he was not lawfully serving in the role. The decision also nullifies subpoenas issued under his authority and raises broader questions about how the administration has filled top federal prosecutorial posts without Senate confirmation.
Judge Declares Appointment Improper
U.S. District Judge Lorna Schofield issued the ruling Wednesday, stating that Sarcone’s continued service as acting U.S. attorney bypassed the federal statutes governing temporary prosecutor appointments. According to the opinion, Sarcone’s 120-day interim term expired months earlier, and the Justice Department failed to follow the legal process to extend or replace him.
With the ruling, all subpoenas linked to Sarcone’s work on the investigations into James are void. Schofield wrote that federal power cannot be exercised “without lawful authority,” particularly when criminal investigations involve political rivals.
How the Appointment Unfolded
Sarcone was initially selected as interim U.S. attorney in March 2025. When his statutory term concluded, district court judges in upstate New York declined to formally appoint him to the post. Instead, the Justice Department reassigned titles and responsibilities within the office to keep Sarcone at the helm, arguing the internal reshuffling complied with federal law.
Sarcone has longstanding ties to President Donald Trump, having served on his 2016 campaign legal team and later holding a senior federal administration role during Trump’s first term.
Investigations Put on Hold
The subpoenas struck down by the ruling sought documents related to whether James’ office violated constitutional rights in two high-profile civil cases: a fraud lawsuit involving Trump’s business empire and a separate case against the National Rifle Association and its former leadership. Both civil suits resulted in major legal setbacks for the defendants.
James previously described the federal inquiry as retaliation for her earlier litigation involving Trump and organizations aligned with him.
Reactions From Key Players
A spokesperson for the New York attorney general said the court’s action affirms that “the rule of law must prevail despite political pressure,” and argued the office remains focused on defending completed civil cases. The Justice Department, by contrast, has maintained that the attorney general has broad authority to delegate prosecutorial functions without Senate approval. Officials did not provide immediate comment following the ruling.
Part of a Larger Legal Pattern
The New York decision adds to a string of recent court opinions rejecting similar interim appointments within the administration. Over the past year, judges in New Jersey, Nevada, Virginia, and California have blocked or overturned actions by temporary U.S. attorneys whose appointments exceeded statutory limits or bypassed confirmation. Several criminal indictments obtained by those prosecutors have been dismissed as a result.
Earlier Criminal Case Also Impacted
James previously faced a separate federal indictment in Virginia over allegedly false statements on housing paperwork, a case that collapsed after another Trump-appointed interim U.S. attorney was found to be improperly serving. Prosecutors did not attempt to re-file charges after the ruling.
A Setback With Broader Implications
Legal analysts say the latest ruling strengthens the judiciary’s pushback against executive efforts to install prosecutors without Senate involvement. It also freezes investigations that carried major political stakes, as James has been one of the administration’s most visible critics.
The Justice Department now faces decisions about whether to appeal, seek Senate confirmation for replacements, or halt the inquiries entirely – steps that could shape future disputes over federal appointment power.
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