Court says prosecutor who subpoenaed Letitia James was unlawfully appointed
Summary
A federal appeals court ruled that John Sarcone was not lawfully serving as the acting U.S. attorney in the Northern District of New York when he subpoenaed New York Attorney General Letitia James in 2025. The court found that Sarcone’s appointment did not follow federal law because he was not the first assistant U.S. attorney when the vacancy occurred. The Justice Department plans to appeal this decision to the Supreme Court.Key Facts
- The U.S. Court of Appeals for the 2nd Circuit decided 2-1 that John Sarcone’s appointment as acting U.S. attorney was unlawful.
- Sarcone subpoenaed Attorney General Letitia James in August 2025 as part of investigations involving the National Rifle Association and President Trump.
- The Federal Vacancies Reform Act (FVRA) allows only the first assistant present when a vacancy arises to become the acting officer temporarily.
- Sarcone was named first assistant months after the U.S. attorney position became vacant, so he did not qualify under FVRA.
- Sarcone was initially appointed interim U.S. attorney in 2024 for 120 days, but district judges declined to keep him.
- Then-Attorney General Pam Bondi appointed Sarcone as a "special attorney" and first assistant, aiming to extend his role under a different law.
- A lower court previously ruled that Sarcone was not lawfully serving as acting U.S. attorney, voiding his actions taken in that role.
- The Justice Department plans to appeal the ruling directly to the Supreme Court.
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