A judge disqualified John Sarcone, the “acting U.S. attorney for the Northern District of New York,” from overseeing investigations into New York Attorney General Letitia James, ruling Thursday that he is not lawfully serving in his position. See PBS news article.
The federal court blocked subpoenas requested by John Sarcone because the Department of Justice did not follow statutory procedure after judges declined to extend Sarcone’s tenure last year.
The New York court joined several other federal courts across the country who have ruled that actions taken by top federal prosecutors were invalid because of unusual methods that the Trump administration used to get them the jobs. People were given the power of a U.S. attorney outside of the normal U.S. Senate confirmation process or were allowed to serve until federal judges in their district could decide whether they could stay.
“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. Subpoenas issued under that authority are invalid. The subpoenas are quashed, and Mr. Sarcone is disqualified from further participation in the underlying investigations,” the court held.
The court made clear that Sarcone is not lawfully serving as acting U.S. attorney and that any “of his past or future acts taken in that capacity are void or voidable as they would rest on authority Mr. Sarcone does not lawfully have.”
Last month, a panel of judges from the 3rd U.S. Circuit Court of Appeals sitting in Philadelphia sided with a lower-court judge’s ruling disqualifying Alina Habba from serving as New Jersey’s top federal prosecutor.
A similar dynamic has played out in Nevada, where a federal judge disqualified the Trump administration’s pick to be U.S. attorney there. And a federal judge in Los Angeles disqualified the acting U.S. attorney in Southern California from several cases after concluding he had stayed in the job longer than allowed.
In New York, U.S. Attorney General Pam Bondi appointed Sarcone to serve as the interim U.S. attorney in March. When his 120-day term elapsed, judges in the district declined to keep him in the post. Bondi then appointed Sarcone as a special attorney and designated him first assistant U.S. attorney for the district.
“(O)n the same day that the judges declined to extend Mr. Sarcone’s appointment, the Department took coordinated steps — through personnel moves and shifting titles — to install Mr. Sarcone as Acting U.S. Attorney. Federal law does not permit such a workaround,” the court wrote.
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