Appeals Court Disqualifies Trump-Picked US Attorney John Sarcone on August 22

The 2nd U.S. Circuit Court of Appeals ruled 2-1 on Friday that John Sarcone was unlawfully serving as acting U.S. attorney for the Northern District of New York when he issued subpoenas targeting New York Attorney General Letitia James in August 2025. The court upheld a lower court decision blocking the subpoenas and disqualifying Sarcone from the investigation. The Justice Department said it will appeal directly to the Supreme Court.

How Sarcone was appointed without Senate confirmation

Sarcone was initially appointed interim U.S. attorney in March 2025 for a 120-day term under federal law. When that period expired and district judges declined to extend his tenure, then-Attorney General Pam Bondi appointed him as a special attorney and first assistant U.S. attorney. This allowed the administration to designate him acting U.S. attorney under the Federal Vacancies Reform Act, bypassing Senate confirmation. The appeals court found this arrangement violated the law.

What the subpoenas targeted

In August 2025, Sarcone’s office issued subpoenas seeking records about civil lawsuits James filed against President Donald Trump, his family business, and the National Rifle Association. Those cases resulted in findings against Trump and the NRA, both of whom argued they had been politically targeted. The subpoenas were part of a criminal investigation into potential civil rights violations. No charges have been filed.

The court’s legal reasoning

Judges Guido Calabresi and Maria Kahn ruled 2-1 that the Federal Vacancies Reform Act allows only a first assistant already in place when a vacancy occurs to automatically assume an acting position. Designating a first assistant after the vacancy is not automatic succession but a deliberate choice that violates the law. Judge Michael Park dissented, arguing the executive branch needs flexibility when Senate confirmation faces political deadlock.

A pattern of rejected appointments

This is the third time a federal appeals court has rejected the Trump administration’s process for naming U.S. attorneys without Senate approval. In August 2026, the 9th Circuit ruled that U.S. attorney Sigal Chattah in Nevada is serving unlawfully. In December 2025, the 3rd Circuit ruled that Alina Habba was not validly appointed U.S. attorney for New Jersey. The Justice Department said it intends to take the Sarcone case to the Supreme Court, setting up a showdown over executive power and appointment procedures.

Final Thoughts

The ruling blocks the subpoenas against James and prevents Sarcone from leading the investigation. The Supreme Court will now decide whether the Trump administration’s appointment method is legal, with implications for prosecutors nationwide.

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