ALBANY, N.Y. (AP) — A federal judge has ruled to disqualify John Sarcone, the acting U.S. attorney for the Northern District of New York, from overseeing investigations related to New York Attorney General Letitia James. The ruling was made on a Thursday after it was determined that Sarcone had been serving unlawfully when he requested subpoenas for an inquiry into James’ lawsuits against President Donald Trump and the National Rifle Association.
U.S. District Judge Lorna G. Schofield stated that the Department of Justice failed to follow proper statutory procedures following judges’ decline to extend Sarcone’s tenure. Holding that the Executive branch was skirting congressional constraints, she deemed the issued subpoenas invalid and quashed them. Schofield emphasized, When the Executive branch of government skirts restraints put in place by Congress and then uses that power to subject political adversaries to criminal investigations, it acts without lawful authority. Subpoenas issued under that authority are invalid.
James, a Democrat, contested Sarcone’s authority after he issued subpoenas regarding various lawsuits she filed. She regards the inquiry as part of unfounded investigations targeting Trump’s perceived enemies.
Justice Department attorneys argued that Sarcone was appointed properly and that the subpoenas were inherently valid. However, Judge Schofield ruled against this by detailing that the Department's actions taken on the same day judges declined Sarcone’s tenure constituted a circumvention of federal law.
James’ office celebrated the ruling as a victory for legal integrity, asserting their commitment to defending against political assaults on their office.
In recent months, several similar rulings have emerged, reflecting ongoing debates regarding the legitimacy of appointments made during the Trump administration, particularly concerning those seeking to remain in acting capacities beyond the canonical 120 days set by federal law.
