Federal Court Blocks Trump-Picked US Attorney From Investigating NY AG James

A federal appeals court ruled Friday that John Sarcone, the Trump-picked US attorney for the Northern District of New York, was serving unlawfully when he issued subpoenas to state Attorney General Letitia James. The Second Circuit Court of Appeals voted 2-1 to uphold a lower court’s January decision voiding the subpoenas and disqualifying Sarcone from investigations into James. The Justice Department said it will appeal to the Supreme Court.

Why the court blocked Sarcone’s appointment

Sarcone was initially appointed interim US attorney in March 2025 for 120 days under federal law. When that period expired and district judges refused to extend him, then-Attorney General Pam Bondi appointed him as special attorney and first assistant US attorney, attempting to keep him in power under the Federal Vacancies Reform Act. The appeals court rejected this maneuver. Judge Guido Calabresi wrote that the law allows a first assistant to assume an acting role only if already serving when the vacancy occurred. Sarcone was not, making his appointment an unlawful circumvention of the law.

What the subpoenas targeted

In August 2025, Sarcone obtained subpoenas seeking records from James’ office about her investigations into the National Rifle Association and President Donald Trump’s family business. James had led New York’s civil fraud case against Trump and the Trump Organization. The court ruled the subpoenas were invalid because Sarcone lacked legal authority to issue them after his 120-day interim term ended on July 14, 2025. This means Sarcone has held his post illegally for more than a year.

Part of a broader pattern

This is the third time a federal appeals court has rejected the Trump administration’s process for naming US attorneys without Senate approval. In December, the Third Circuit ruled that Alina Habba was not validly appointed US attorney for New Jersey. Earlier this week, the Ninth Circuit said Sigal Chattah, the US attorney for Nevada, was serving unlawfully. The Justice Department said it will take the Sarcone case to the Supreme Court, and the Fourth Circuit will hear arguments next month over whether Lindsey Halligan’s appointment as US attorney for the Eastern District of Virginia was unlawful.

What happens to the investigations

The court’s decision means investigations into James cannot proceed using Sarcone’s subpoenas. However, the impact varies across cases. When US attorneys acted alone, underlying indictments and subpoenas were dismissed, such as the separate indictment of former FBI Director James Comey. When other legally serving assistant US attorneys were involved, indictments were not dismissed. Sarcone continues to serve as first assistant US attorney and held a press conference Thursday announcing a criminal complaint in an unrelated case.

Final Thoughts

The ruling blocks a key Trump administration effort to investigate a political opponent without Senate-confirmed prosecutors. With the Supreme Court now set to decide the case, the outcome will shape whether future administrations can bypass Senate confirmation for US attorneys.

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