Appeals court affirms top federal prosecutor in Albany ‘not lawfully serving’
The 2nd Circuit said John Sarcone was not lawfully serving as acting U.S. attorney and could not use subpoenas to pursue James.
- 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.
104 Articles
104 Articles
Missoulian
Court rules against AG subpoenas in New York
NEW YORK — A U.S. appeals court ruled Friday the Justice Department can't enforce subpoenas seeking information about cases pursued by New York Attorney General Letitia James because it unlawfully installed an ally of President Donald Trump as a top…
Appeals Court Rules Trump Didn’t Have Authority to Appoint Federal Prosecutor Who Subpoenaed Letitia James * The Gateway Pundit * by Cristina Laila
A federal appeals court on Friday ruled that President Trump did not have the authority to appoint Acting US Attorney for the Northern District of New York…
Appeals Court: DOJ Illegally Subpoenaed New York AG
Reuters reports: A U.S. appeals court ruled on Friday that the Justice Department could not enforce subpoenas seeking information about cases pursued by New York Attorney General Letitia James because it had unlawfully installed an ally of President Donald Trump as a top prosecutor. The case stems from subpoenas that the top federal prosecutor in Albany, Trump ally John Sarcone, issued to James’ office in August 2025 seeking records about civil …
DOJ subpoenas targeting Trump foe Letitia James cannot be enforced, appeals court rules
A lower court previously barred John Sarcone from investigating the case against the N.Y. attorney general, finding he was unlawfully serving as the probe’s lead prosecutor.
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...
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