2nd Circuit Probes Sarcone Appointment in Albany: New York Brief

May 5, 2026, 11:13 AM UTC

2nd Cir. Probes Sarcone’s Appointment

A panel from the Second Circuit expressed doubt that the Trump administration properly installed John Sarcone as the top prosecutor in Albany as he directed investigations into New York Attorney General Letitia James, Celine Castronuovo reports.

The attorney general designated Sarcone as first assistant US attorney in order to keep him on as the lead prosecutor after his interim term expired. The panel questioned DOJ attorney Henry Whitaker on whether that improperly bypassed the Senate confirmation process. DOJ maintains that federal vacancy law permits Sarcone to continue leading the office as first assistant, a ...

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