A federal judge on Thursday ruled against Acting U.S. Attorney John Sarcone III, quashing grand jury subpoenas he issued to the New York attorney general's office in a case brought by Attorney General Letitia James seeking to block them.
U.S. District Judge Lorna Schofield held that the subpoenas were unenforceable because Sarcone was not lawfully serving as acting U.S. attorney for the Northern District of New York at the time they were issued.
The subpoenas were part of a federal criminal investigation tied to civil cases New York brought against President Donald Trump and the National Rifle Association.
In her ruling, Schofield said Sarcone's appointment bypassed statutory requirements governing who may exercise the powers of a U.S. attorney.
While Attorney General Pam Bondi initially appointed Sarcone as interim U.S. attorney for a 120-day term, that appointment expired, and district judges declined to extend it. The court found that the Justice Department then improperly maneuvered to keep Sarcone in place through title changes and personnel moves not authorized by federal law.
"The Department of Justice did not follow those procedures. Instead, on the same day that the judges declined to extend Mr. Sarcone's appointment, the Department took coordinated steps, through personnel moves and shifting titles, to install Mr. Sarcone as Acting U.S. Attorney," Schofield wrote. "Federal law does not permit such a workaround."
This marks the fifth instance in which a judge has determined that a chief prosecutor appointed by Bondi was holding a position illegally.
Because Sarcone lacked lawful authority on Aug. 5 when he directed issuance of the subpoenas, the court did not reach New York's arguments that the subpoenas violated state sovereignty or were issued in retaliation for the state's civil cases. Schofield also disqualified Sarcone from further participation in the underlying investigations.
The decision aligns with rulings from other federal courts, including decisions in New Jersey, Nevada, California, and the Third Circuit, which have found similar acting U.S. attorney appointments unlawful.
Schofield said the federal government may reissue subpoenas through a properly authorized official, at which point New York could renew its objections on other grounds.
James Morley III ✉
James Morley III is a writer with more than two decades of experience in entertainment, travel, technology, and science and nature.
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