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Deadline Legal Blog-Yet another Trump-installed prosecutor is unlawfully serving, New York judge rules
The ruling against John Sarcone III arose via his bid to subpoena New York Attorney General Letitia James.
Yet another Trump-installed prosecutor is unlawfully serving, New York judge rules www.ms.now/deadline-whi...
— Tom Jones (@earl2.bsky.social) 2026-01-08T22:36:33.001Z
https://www.ms.now/deadline-white-house/deadline-legal-blog/trump-prosecutor-john-sarcone-new-york-judge-halligan-james
Yet another top federal prosecutor installed by the Trump administration is unlawfully serving in their role, this time in the Northern District of New York, a judge has found. That finding follows similar rulings against Lindsey Halligan’s tenure in the Eastern District of Virginia and against other purported top prosecutors in Nevada, New Jersey and California.
The latest ruling came Thursday against John Sarcone III, whom the administration sought to install as the acting U.S. attorney for the Albany-based Northern District. He had requested that subpoenas be issued to the office of New York Attorney General Letitia James, apparently in connection with a federal investigation into civil cases she brought against Donald Trump and the National Rifle Association.
James moved to quash the subpoenas, leading to the ruling that Sarcone was unlawfully serving.
“Mr. Sarcone’s service was and is unlawful because it bypassed the statutory requirements that govern who may exercise the powers of a U.S. Attorney,” U.S. District Judge Lorna Schofield wrote.
The Obama-appointed judge noted that U.S. attorneys must be nominated by the president and confirmed by the Senate. She said that while federal law provides limited alternatives to temporarily fill vacancies, none of them authorized Sarcone to serve as acting U.S. attorney when he sought the subpoenas in question......
James, of course, figures in the Virginia appointment litigation as well, because she was one of Halligan’s targets for prosecution. Finding in November that Halligan was unlawfully appointed, a judge dismissed the indictments she secured against James and former FBI Director James Comey. The administration is appealing that ruling. If it revives the cases, either with a successful appeal or a lawful prosecutor, the government would still face significant pretrial litigation, including the defense claims that their prosecutions are unlawfully vindictive, underscoring the retaliatory nature of the administration’s efforts in both Virginia and New York.
In the meantime, the rulings against the installation of these prosecutors have served as a check of sorts, however mild, on the Trump administration’s vengeful ambitions.
The latest ruling came Thursday against John Sarcone III, whom the administration sought to install as the acting U.S. attorney for the Albany-based Northern District. He had requested that subpoenas be issued to the office of New York Attorney General Letitia James, apparently in connection with a federal investigation into civil cases she brought against Donald Trump and the National Rifle Association.
James moved to quash the subpoenas, leading to the ruling that Sarcone was unlawfully serving.
“Mr. Sarcone’s service was and is unlawful because it bypassed the statutory requirements that govern who may exercise the powers of a U.S. Attorney,” U.S. District Judge Lorna Schofield wrote.
The Obama-appointed judge noted that U.S. attorneys must be nominated by the president and confirmed by the Senate. She said that while federal law provides limited alternatives to temporarily fill vacancies, none of them authorized Sarcone to serve as acting U.S. attorney when he sought the subpoenas in question......
James, of course, figures in the Virginia appointment litigation as well, because she was one of Halligan’s targets for prosecution. Finding in November that Halligan was unlawfully appointed, a judge dismissed the indictments she secured against James and former FBI Director James Comey. The administration is appealing that ruling. If it revives the cases, either with a successful appeal or a lawful prosecutor, the government would still face significant pretrial litigation, including the defense claims that their prosecutions are unlawfully vindictive, underscoring the retaliatory nature of the administration’s efforts in both Virginia and New York.
In the meantime, the rulings against the installation of these prosecutors have served as a check of sorts, however mild, on the Trump administration’s vengeful ambitions.
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