NEW YORK, New York — A federal judge on Thursday disqualified the top federal prosecutor serving in upstate New York, ruling that his appointment violated federal law and invalidating subpoenas his office issued to New York Attorney General Letitia James.
U.S. District Judge Lorna Schofield ruled that John Sarcone III had been unlawfully serving as U.S. attorney for the Northern District of New York after his temporary term expired. Because his continued service bypassed the Senate confirmation process and judicial appointment requirements, Schofield concluded that Sarcone lacked legal authority to issue subpoenas or pursue investigative actions.
In a 24-page opinion, Schofield wrote that U.S. attorneys must be nominated by the president and confirmed by the Senate, and that efforts by the executive branch to retain Sarcone after district judges declined to appoint him were unlawful. She further warned that when executive officials bypass statutory limits and direct criminal investigations toward political adversaries, they act without lawful authority.
The ruling represents another setback for the Trump administration’s strategy of installing U.S. attorneys without Senate confirmation amid confirmation gridlock. Courts in several states have recently disqualified prosecutors appointed under similar circumstances, including in New Jersey, Delaware, Virginia, Nevada, and California.
Sarcone’s authority had been challenged after Attorney General Pam Bondi appointed him as a “special attorney” with an indefinite term following the expiration of the statutory 120-day limit for interim appointments. Schofield rejected that maneuver, ruling it could not legally confer the powers of a U.S. attorney.
The invalidated subpoenas were tied to an investigation into alleged mortgage fraud by James, allegations she has denied and described as politically motivated.
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