UPDATE: A federal judge has just ruled that John Sarcone III, the acting U.S. attorney for the Northern District of New York, is unlawfully holding his position. In a 24-page opinion delivered on October 5, 2023, Senior U.S. District Judge Lorna Schofield declared Sarcone’s appointment invalid, citing a violation of federal law governing U.S. Attorney appointments.
This ruling comes amid increasing scrutiny of Trump-era appointments, as several prosecutors across the country have faced similar challenges. Judge Schofield emphasized that Sarcone’s service was “unlawful” because it bypassed the necessary statutory requirements. This decision raises critical questions about the integrity of the federal judicial system in New York, which encompasses 32 counties, including the Syracuse area.
The challenge to Sarcone’s authority originated from Letitia James, the New York state attorney general, whose office Sarcone had been investigating. He had issued subpoenas for records related to lawsuits James filed against the National Rifle Association and Donald Trump. James has accused Sarcone of retaliating against her for her investigations into Trump’s dealings, labeling the subpoenas as a misuse of power.
In her opinion, Schofield stated,
“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.”
She ordered the subpoenas to be quashed, effectively disqualifying Sarcone from any further participation in the investigations involving Trump and the NRA cases.
The ruling has been hailed as a victory for the rule of law by a spokesperson for James, who remarked, “We will continue to defend our office’s successful litigation from this administration’s political attacks.”
Sarcone, a Republican and Trump loyalist, was appointed amid controversy due to his lack of prosecutorial experience. He initially took charge in March 2023 and was appointed as a “special attorney” after a panel of Northern District judges declined to extend his interim appointment. The Trump administration has been criticized for employing tactics to circumvent the Senate confirmation process, allowing political appointees to occupy key positions.
Judge Schofield’s ruling underscores the ongoing challenges facing the Trump administration’s legal legacy, highlighting how such appointments have led to legal instability across various jurisdictions. The implications of this decision could disrupt federal court operations in the Northern District, leaving many to wonder about the immediate future of ongoing cases.
As the political landscape continues to evolve, it remains unclear whether Trump will nominate Sarcone through the traditional process, particularly with U.S. Senator Charles Schumer planning to use his authority to block Justice Department nominees in protest of Trump’s actions.
This urgent development not only impacts the legal framework in New York but also adds another layer of complexity to the ongoing political tension surrounding the Trump administration’s legacy. As more details unfold, this story is likely to generate significant discussion and scrutiny across the nation.
