John A. Sarcone III, U.S. Attorney for the Northern District of New York, joins Federal Bureau of Investigation Special Agent Craig Tremaroli during a press conference announcing the arrest of an alleged online sex offender at the U.S. Attorney’s Office in James T. Foley Federal Courthouse, Monday, April 28, 2025, in Albany, New York.
Will Waldron | Hearst Newspapers | Getty Images
A judge on Thursday disqualified New York State Attorney General Letitia James from being the federal prosecutor overseeing the investigation, ruling that she was illegally in office when she requested the subpoena.
U.S. District Judge Lorna G. Schofield blocked the subpoena requested by John Sarcone, Assistant U.S. Attorney for the Northern District of New York.
The judge said the Justice Department did not follow statutory procedures after the justices refused to extend Sarcone’s term. “When the executive branch of the government circumvents Congressional restraint and uses its authority to subject political opponents to criminal investigation, it acts without legal authority. Subpoenas issued pursuant to that authority are invalid. The subpoenas are quashed and Mr. Sarcone is disqualified from further participation in the underlying investigation.”
James, a Democrat, had challenged Sarcone’s authority after he issued subpoenas seeking information about separate lawsuits filed by Sarcone against President Donald Trump, accusing him of committing fraud in business transactions, and against the National Rifle Association and some of its former leaders.
Justice Department lawyers argue that Sarcone was properly appointed and that the subpoena was valid. Ms. James claims that the investigation into her case is part of a baseless investigation and prosecution of people considered to be President Trump’s enemies.
The judge said the Justice Department did not follow statutory procedures after the justices refused to extend Sarcone’s term. “Instead, on the same day that the judge refused to extend Mr. Sarcone’s appointment, the Department took concerted steps to appoint Mr. Sarcone as Acting U.S. Attorney through personnel changes and title changes. Federal law does not permit such workarounds.”
James’ office issued a statement calling Thursday’s ruling “an important victory for the rule of law.”
“We continue to defend the success of our litigation cases against political attacks by this administration,” the statement said.
Attorney General Letitia James listens to New York Governor Kathy Hochul during a press conference at her New York City office on October 16, 2025 in New York City.
Michael M. Santiago | Getty Images
The U.S. Attorney’s Office for the Northern District of New York was contacted by phone and email for comment.
The ruling is the latest to question the legality of the Trump administration’s unusual move to keep top U.S. attorney candidates in office indefinitely without going through the normal process of getting them confirmed by the U.S. Senate.
On December 1, a federal appeals court ruled that President Trump’s former personal attorney, Alina Haba, illegally served as New Jersey’s acting U.S. attorney beyond the 120-day limit set by federal law. Haba resigned the following week.
In November, a federal judge in Virginia dismissed charges filed there against Mr. James and former FBI Director James Comey. The judge said Lindsey Harrigan, the interim U.S. attorney who brought the charges, was illegally appointed.
Lindsey Harrigan outside the White House, August 20, 2025, Washington.
Jacqueline Martin | AP
Additionally, in September, a federal judge in Nevada disbarred the Trump administration’s pick for the state’s U.S. attorney from several cases. A federal judge in Los Angeles also disbarred a deputy U.S. attorney in Southern California from several cases, concluding that he had remained on the job longer than allowed by law.
In New York, U.S. Attorney General Pam Bondi appointed Sarcon as interim U.S. attorney in March. However, after his 120-day term expired, a local judge refused to keep him in office.
Mr. Bondi then appointed Mr. Sarcone as special counsel and first assistant U.S. attorney for the district, which federal authorities allege allows Mr. Bondi to serve as a deputy U.S. attorney.
Mr. James’ lawyers argued that the operation was an end run to circumvent federal law. They argued that the subpoena should be blocked because Sarcone lacked proper authority as a U.S. attorney. Lawyers argued that Sarcone should be disbarred.
Federal attorneys argued in court that the U.S. attorney general has broad authority to appoint attorneys within the department and delegate their duties to those attorneys.
Sarcon was a member of Trump’s legal team during the 2016 presidential campaign and worked for the U.S. General Services Administration as regional administrator for the Northeast and Caribbean during Trump’s first term.
