Key Takeaways:
- New York Attorney General Letitia James’s office is legally challenging the appointment of John Sarcone, the acting US attorney for the Northern District of New York.
- The goal is to disqualify Sarcone and thereby invalidate subpoenas he issued for records related to the state’s civil investigations into the Trump Organization and the National Rifle Association (NRA).
- The challenge argues Sarcone’s appointment was improper, part of a pattern of legal disputes over Trump administration US attorney appointments.
- The Department of Justice maintains that Sarcone’s appointment is legal and that he has the authority to conduct grand jury proceedings.
ALBANY, NY — The office of New York Attorney General Letitia James is escalating its legal battle against the Department of Justice, appearing in federal court to disqualify a US attorney investigating the state’s high-profile civil cases.
Lawyers for the attorney general are arguing that the appointment of John Sarcone, the acting US attorney for the Northern District of New York, is unlawful and are asking a judge to quash subpoenas he signed. The move represents a direct challenge to the authority of a federal prosecutor appointed during the Trump administration.
The Heart of the Legal Dispute
The core of the issue lies in the legitimacy of Sarcone’s appointment. After his initial 120-day interim term expired, Attorney General Pam Bondi named him a special attorney and first assistant US attorney, allowing him to assume the acting US attorney role.
James’s office contends this maneuver was illegitimate. “Because Sarcone has no legitimate authority to serve as Acting U.S. Attorney, any process sought by him in that capacity, like these two subpoenas, is unauthorized and unlawful,” her lawyers stated in a court filing.
Conversely, the Justice Department argues that Sarcone’s appointment is valid. Even if it weren’t, they claim his position as a “Special Attorney” grants him the authority to oversee grand jury proceedings and issue subpoenas.
Probes into Trump and the NRA
The subpoenas in question seek records from two of the New York Attorney General’s most significant civil lawsuits. The first is the state’s case against Donald Trump and the Trump Organization, in which a judge found them liable for widespread fraud. The second involves a lawsuit against the NRA, where a jury concluded the organization mismanaged charitable funds.
Sarcone’s office is conducting a criminal investigation into whether anyone’s constitutional rights were violated during these state-led probes, prompting the demand for records.
A Pattern of Challenges
This legal fight is not an isolated incident. It follows several other cases where judges have found the appointments of Trump-era acting US attorneys to be unlawful.
Notably, a federal judge ruled that the appointment of Alina Habba, Trump’s former personal attorney, as acting US attorney for New Jersey was unlawful—a decision recently upheld by the Third Circuit Court of Appeals. The outcome of the hearing over Sarcone’s status could have significant implications for the ongoing federal investigation and the division of power between state and federal authorities.
Image Referance: https://www.cnn.com/2025/12/04/politics/ny-ag-seeks-disqualification-us-attorney-albany
