Trump US Attorney Pick Can No Longer Investigate One of the President’s Top Foes, Court Rules
The 2-1 ruling said Sarcone could not use a special attorney title to bypass federal vacancy limits and seek records from James’ office.
- On Friday, the Second Circuit Court of Appeals ruled in a 2-1 decision that John Sarcone III was unlawfully serving as acting U.S. attorney when he subpoenaed New York Attorney General Letitia James, upholding a lower court's order to void those subpoenas.
- Following his interim term's expiration in July 2025, the Trump administration appointed Sarcone as First Assistant U.S. Attorney to bypass the Federal Vacancies Reform Act's 120-day limit, a mechanism the appeals court rejected as unlawful circumvention of Senate confirmation.
- Writing for the majority, Circuit Judge Guido Calabresi held that only a First Assistant in place when a vacancy arises may automatically assume the acting role, stating the government's reading "rewards evasion and penalizes compliance."
- A Justice Department spokesperson stated Friday the government "disagrees with the court's decision, and intend to take this case to the Supreme Court," signaling plans to challenge the ruling despite Sarcone's disqualification.
- This ruling marks the third time a federal appeals court has rejected the Trump administration's appointment mechanism, following similar challenges to interim U.S. attorneys in Nevada, New Jersey, California, and Virginia.
15 Articles
15 Articles
Trump revenge crusade in flames as top MAGA prosecutor banned forever
A federal appeals court has permanently banned President Donald Trump's chief prosecutor in New York from investigations targeting the attorney general who beat him in court, ruling his appointment "unlawful."The Second Circuit Court of Appeals ruled 2-1 Friday that John A. Sarcone III, the acting U...
Appeals court says federal prosecutor who subpoenaed Letitia James was unlawfully appointed
A federal appeals court said the top federal prosecutor in the Northern District of New York was unlawfully serving when he subpoenaed state Attorney General Letitia James.
Court Blocks Subpoenas in Trump-NRA Probe
A U.S. appeals court has upheld a decision blocking subpoenas from New York Attorney General Letitia James's office. The subpoenas were issued in 2025 by Trump ally John Sarcone for information on civil lawsuits against Trump and the NRA, both found liable, claiming political targeting.
DOJ vows Supreme Court bid after court upholds Letitia James subpoena block
A federal appeals court upheld a lower court ruling on Friday quashing Justice Department subpoenas seeking records from New York Attorney General Letitia James’s office, prompting the department to say it will take the fight to the Supreme Court. “We disagree with the court’s decision, and intend to take this case to the Supreme Court,” the DOJ’s Rapid Response X account said Friday after the 2-1 ruling by the U.S. Court of Appeals for the 2nd …
Trump US attorney pick can no longer investigate one of the president’s top foes, court rules
A divided federal appeals court ruled that the Trump-picked US Attorney in Albany is serving unlawfully and can no longer be involved in the investigation of one of the president’s top foes.
Prosecutor Who Subpoenaed Letitia James’s Office Was Illegally Appointed, Appeals Court Says
An appeals court has ruled that John Sarcone was not validly appointed as acting U.S. Attorney for New York when he issued subpoenas to the state’s attorney general’s office. Sarcone subpoenaed New York Attorney General Letitia James’s office last August as part of a probe into cases her office brought against President Donald Trump and the National Rifle Association. The U.S. Court of Appeals for the Second Circuit ruled on Aug. 21 that since …
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