A federal judge ruled Thursday that Acting US Attorney John Sarcone is unlawfully serving in his position and must halt his criminal investigation into New York Attorney General Letitia James.
US District Judge Lorna Schofield found that the Justice Department used improper manoeuvres to keep Sarcone in office beyond the 120-day limit federal law allows,. This makes him the fifth Trump-appointed prosecutor courts have tossed out, according to NBC News.
The judge voided grand jury subpoenas Sarcone had sent to James’ office targeting her civil fraud cases against President Donald Trump and the National Rifle Association.
‘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’, Schofield wrote in her 24-page ruling.
Subpoenas Invalidated
James’ office had challenged the subpoenas Sarcone personally signed in August. The subpoenas sought records from her investigations into Trump’s business practices and the NRA, as per CNN.
Sarcone, the top federal prosecutor in the Northern District of New York, had been investigating whether anyone’s constitutional rights were violated during James’ state-level probes.
‘Mr Sarcone is not lawfully serving as Acting US Attorney’, Judge Schofield stated in the ruling. ‘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’.
Schofield, an Obama appointee based in Manhattan, was brought in to handle the case to avoid potential conflicts with judges in the Northern District.
A Pattern Emerges
This is the fifth time judges have ruled against federal prosecutors appointed by Attorney General Pam Bondi. Courts in New Jersey, Nevada, California and Virginia have reached the same conclusion: the Trump administration violated federal appointment laws.
Federal law requires Senate confirmation for US Attorneys or appointment by district court judges after 120 days. Bondi appointed Sarcone in March, per CNN. When his term expired in July, district judges declined to extend it.
The Justice Department didn’t accept that. In July, Bondi named Sarcone special attorney and designated him first assistant US attorney, allowing him to claim the acting role.
Schofield rejected that workaround. ‘The Department of Justice did not follow those procedures’, she wrote in her decision. ‘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 US Attorney. Federal law does not permit such a workaround’.
Trump’s Target
James has repeatedly clashed with Trump’s Justice Department. She sued Trump and the Trump Organization in 2022, claiming they inflated property values to secure favourable loan rates and insurance terms. A judge found Trump and his sons liable for fraud, ordering payment of more than £280 million ($350 million) plus interest.
An appeals court upheld the fraud finding but reduced the penalty. Both sides have appealed.
James also brought civil charges against the NRA, alleging it violated non-profit laws. A jury concluded the organisation mismanaged charitable funds.
Last autumn, James was indicted by a federal grand jury in Virginia on charges of making false statements on a mortgage application for a Norfolk property. She pleaded not guilty.
A judge dismissed those charges after finding the prosecutor, Lindsey Halligan, was also unlawfully appointed. Prosecutors failed to re-indict James, effectively ending that case.
‘Win for the Rule of Law’
A spokesperson for James welcomed the ruling. ‘This decision is an important win for the rule of law and we will continue to defend our office’s successful litigation from this administration’s political attacks’, the statement said, according to NBC News.
Schofield pointed out that Sarcone ‘personally directed the issuance of both subpoenas’ with his name alone appearing on the documents. After assuming the title of Acting US Attorney, she wrote, ‘he used that authority to subpoena a state law-enforcement office that the President had publicly cast as a political adversary’.
‘Grand juries are not meant to be the private tool of a prosecutor, much less one not lawfully appointed’, the judge wrote, disqualifying Sarcone from further involvement in investigating James.
Originally published on IBTimes UK
