ALBANY, N.Y. — A judge disqualified a Trump administration federal prosecutor from overseeing investigations into New York Attorney General Letitia James, ruling Thursday that he is not lawfully serving as an acting U.S. attorney.
U.S. District Judge Lorna G. Schofield blocked subpoenas requested by John Sarcone, the acting U.S. attorney for the Northern District of New York. The judge said the Department of Justice did not follow statutory procedure after judges declined to extend Sarcone’s tenure last year.
Schofield joined several other judges across the country who have ruled against top federal prosecutors after maneuvers by the Trump administration to allow them to serve as U.S. attorneys while bypassing the usual process of getting confirmed by the U.S. Senate.
“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. The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations,” the judge said in her decision.
Schofield said Sarcone is not lawfully serving as acting U.S. attorney and that any “of his past or future acts taken in that capacity are void or voidable as they would rest on authority Mr. Sarcone does not lawfully have.”
James, a Democrat, challenged Sarcone’s authority after he issued subpoenas seeking information about lawsuits she filed against Republican President Donald Trump, claiming he had committed fraud in his business dealings, and separately against the National Rifle Association and some of its former leaders.
She claimed the inquiry into her lawsuits is part of a campaign of baseless investigations and prosecutions of Trump’s perceived enemies.
Justice Department lawyers argued Sarcone was appointed properly and that the subpoenas were valid.
The department said in a email Thursday it “will continue to fight and defend the President and the Attorney General’s authority to appoint their U.S. Attorneys.”
James’ office called Thursday’s ruling “an important win for the rule of law.”
“We will continue to defend our office’s successful litigation from this administration’s political attacks,” the office’s statement said.
Last month, a panel of judges from the 3rd U.S. Circuit Court of Appeals sitting in Philadelphia sided with a lower-court judge’s ruling disqualifying Alina Habba from serving as New Jersey’s top federal prosecutor.
In November, a federal judge dismissed criminal cases against former FBI Director James Comey and James after concluding that the hastily installed prosecutor who filed the charges, Lindsey Halligan, was unlawfully appointed to the position of interim U.S. attorney for the Eastern District of Virginia.
A similar dynamic played out in Nevada, where a federal judge disqualified the Trump administration’s pick to be U.S. attorney there. And a federal judge in Los Angeles disqualified the acting U.S. attorney in Southern California from several cases after concluding he stayed in the job longer than allowed.
In New York, U.S. Attorney General Pam Bondi appointed Sarcone to serve as the interim U.S. attorney in March. When his 120-day term elapsed, judges in the district declined to keep him in the post.
Bondi then appointed Sarcone as a special attorney and designated him first assistant U.S. attorney for the district, moves that federal officials say allow him to serve as an acting U.S. attorney.
The judge, who sits in New York City, took issue with the Justice Department’s actions.
“(O)n 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. Federal law does not permit such a workaround,” she wrote.
Sarcone was part of Trump’s legal team during the 2016 presidential campaign and worked for the U.S. General Services Administration during Trump’s first term.
“The people of the Northern District of New York deserve a qualified, independent prosecutor, not a political loyalist,” Senate Democratic leader Chuck Schumer said in a prepared statement.
Schofield said the federal government could reissue the subpoenas at the direction of a lawfully authorized attorney.
Joshua Naftalis, a Manhattan federal prosecutor for 11 years before entering private practice in 2023, said it’s “always a big deal when judges say that the U.S. attorney doesn’t have the authority.” He added that subpoenas aren’t typically issued by a single prosecutor so the ruling might not directly affect other investigations brought through the prosecutor’s office.
