New York Judge Questions Validity of US Prosecutor’s Appointment

A New York judge on Thursday signaled Albany’s top federal prosecutor, John Sarcone, acted beyond his authority when he subpoenaed Attorney General Letitia James (D) for information about her office’s investigations.

Sarcone signed four documents—two subpoenas and their respective cover letters—as acting US attorney, even though he was designated a special attorney. It “seems clear he was not acting as a special attorney,” Senior Judge Lorna G . Schofield of the Northern District of New York said.

The hearing was the latest in a series of showdowns over President Donald Trump’s efforts to install loyalists in key federal prosecutor positions across the country. The administration has lost several legal battles on the subject, most recently in cases involving his top prosecutors in New Jersey and the Eastern District of Virginia.

James argued in legal filings in the New York case that Sarcone wasn’t properly appointed and lacked legitimate authority to approve the subpoenas seeking information about her investigation of the Trump Organization and the National Rifle Association. She asked the court to quash the subpoenas and disqualify Sarcone from the office.

But a ruling in favor of New York wouldn’t necessarily block the Trump administration from moving forward with the grand jury subpoenas, Schofield noted throughout the nearly hour-long oral arguments. Another assistant US attorney could re-issue the subpoenas, she said.

Disqualification

Trump tapped Sarcone as the top prosecutor for the Northern District of New York after he served as interim US attorney. Federal judges declined to appoint Sarcone to the role after his term expired. His appointment was renewed when he was named special attorney to Attorney General Pam Bondi and first assistant US attorney for the district. The first assistant can carry out the duties of the US attorney if the role is still vacant.

Schofield would have to disqualify Sarcone from all of his appointments—not just the special attorney role—to cure any unlawful designation, the judge said. Leaving him in place as first assistant attorney “wouldn’t accomplish much,” she said.

Richard Belliss, assistant US attorney representing the Department of Justice, argued Sarcone was duly appointed as a special attorney. Belliss said the Justice Department’s human resources staff sent Sarcone a letter designating him as special attorney and explaining he is authorized to conduct any kind of legal proceedings that US attorneys may conduct.

The letter said Sarcone’s appointment took effect before the subpoenas, even though it was issued after the subpoenas were sent, Schofield said.

The court has “plenty of authority to say an ultra vires act is void,” the judge said, using the legal term for acting beyond one’s power.

The US Court of Appeals for the Third Circuit on Dec. 1 ruled that Alina Habba, Trump’s pick to be the top US prosecutor in New Jersey, was not lawfully appointed to the job. A federal judge in November threw out criminal charges against James and former FBI Director James Comey, ruling that the prosecutor who brought those cases had been illegally appointed.

Capezza Hill LLP and Munger, Tolles & Olson LLP represent the state along with the New York attorney general’s office.

The case is Grand Jury Subpoenas to the Office of the New York State Att’y Gen. v. U.S. of Am., N.D.N.Y., No. 1:25-mc-00019, oral argument 12/4/25.