Federal Judge Rules Trump-Appointed Prosecutor Unlawfully in Office

A federal judge has determined that John Sarcone III, the acting U.S. attorney for the Northern District of New York, is unlawfully serving in his role. Senior U.S. District Judge Lorna Schofield issued a 24-page opinion on October 5, 2023, stating that Sarcone’s position did not adhere to federal law governing U.S. Attorney appointments.

Sarcone’s tenure has raised questions, as Judge Schofield noted that his service bypassed the statutory requirements necessary for the authority of a U.S. Attorney. “Mr. Sarcone’s service was and is unlawful because it bypassed the statutory requirements that govern who may exercise the powers of a U.S. Attorney,” she stated in her ruling. This decision marks the latest instance where a prosecutor appointed during the Trump administration has been deemed improperly placed in their position, with similar rulings reported in states such as California, Nevada, New Jersey, and Virginia.

The ruling has prompted concerns regarding the potential impact on the normal operations of federal courts in the Northern District, which serves 32 counties, including the Syracuse area. A spokesperson for Sarcone did not provide immediate comments following the decision.

The challenge to Sarcone’s authority originated from Letitia James, the New York state attorney general. In August, she raised concerns about Sarcone’s subpoenas for records related to lawsuits her office filed against the National Rifle Association and former President Donald Trump. James has characterized Sarcone’s investigation as a retaliatory measure against her, given her status as a political opponent of Trump.

Judge Schofield’s ruling not only quashed the subpoenas issued by Sarcone but also disqualified him from any further involvement in the investigations concerning Trump and the NRA. “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 emphasized. “Subpoenas issued under that authority are invalid.”

A spokesperson for the attorney general’s office hailed the ruling as “an important win for the rule of law,” asserting their commitment to defend against political attacks from the previous administration.

Sarcone, a Republican from downstate New York and a known ally of Trump, lacked prior prosecutorial experience when he was appointed as the acting U.S. attorney in March 2023. Following the expiration of his interim appointment in July, a panel of judges from the Northern District declined to retain him. Nevertheless, the Trump administration reinstated Sarcone the same day by designating him as a “special attorney.”

This tactic mirrors a broader strategy employed by the Trump administration to circumvent the U.S. Senate confirmation process for federal appointments. Typically, U.S. Attorney General Pamela Bondi would appoint individuals as interim U.S. attorneys for a maximum of 120 days, as determined by multiple judges. Subsequently, these appointees would temporarily depart the government, only to be rehired as “special attorneys,” thereby positioning them to automatically ascend to the role of acting U.S. attorney without the need for formal confirmation.

Judge Schofield pointed out that federal law does not allow for such circumvention of established protocols. While Trump retains the option to nominate Sarcone through conventional channels, U.S. Senator Charles Schumer, a Democrat from New York, has indicated he will use his authority to stall all Justice Department political nominees in response to Trump accepting a private jet from the government of Qatar. This practice is part of a Senate tradition that requires senators to submit a “blue slip” to grant consent for the consideration of presidential nominees.

As the legal ramifications of this ruling unfold, the focus will remain on its implications for both the Northern District of New York and the broader political landscape in the wake of the Trump administration.