In a significant legal development, U.S. District Judge Lorna Schofield, appointed by former President Obama, has ruled that John Sarcone, the acting U.S. attorney for the Northern District of New York, did not have the legal authority to serve in his position when he issued subpoenas to state Attorney General Letitia James. The ruling, delivered on Thursday, directly affects Sarcone's ability to pursue records connected to James' civil lawsuits against President Donald Trump, his family business, and the National Rifle Association.
Judge Schofield, in a detailed 24-page opinion, stated that Sarcone "acted without lawful authority," stressing that his actions were beyond the scope of powers granted to the executive branch. The judge highlighted the issue of the executive branch circumventing congressional restrictions to conduct politically sensitive investigations, which she deemed an overreach.
The subpoenas in question demanded information about lawsuits filed by James, alleging fraud and other misconduct by Trump, his sons, and associates. These subpoenas have now been declared unenforceable due to Sarcone's lack of legal authority to issue them. James' office had contended that the subpoenas were politically motivated, designed to exert pressure on a state official pursuing civil actions against Trump allies. A spokesperson for James' office hailed the ruling as "an important win for the rule of law," as reported by Fox News.
Despite the ruling, the Justice Department defended Sarcone's authority, claiming his appointment was valid and that the subpoenas he issued were lawful. Sarcone had been named interim U.S. attorney by then-Attorney General Pam Bondi for a 120-day term. Upon the expiration of that term, and after a federal court refused to extend his tenure, the administration attempted alternative appointments, which Judge Schofield now says violated federal law.
Sarcone's appointment had been controversial from its inception. As a Republican lawyer with limited prosecutorial experience, he drew scrutiny for procedural errors, including listing a boarded-up building as his residence on official documents. Thursday's ruling is part of a broader pattern of judicial pushback against Trump-appointed U.S. attorneys who have bypassed the Senate confirmation process. Similar actions have been reported in states such as Nevada, California, and Virginia.
In Virginia, for example, disqualifications of federal prosecutors led to the dismissal of indictments against individuals including James and former FBI Director James Comey, as highlighted by Resist the Mainstream in November. Schofield also criticized the procedural aspects of Sarcone's subpoenas, which were directed personally to him rather than to the office, raising additional legal questions.
Legal analysts suggest that the ruling underscores the importance of proper appointment procedures for U.S. attorneys and reinforces the need for judicial oversight in politically sensitive investigations. The decision could have broader implications for other cases where federal prosecutors are accused of acting outside their legal authority to target political opponents. Sarcone's office was also involved in representing the government in civil actions related to the alleged wrongful termination of federal prosecutors, including a lawsuit filed by Maurene Comey, daughter of James Comey.
Judge Schofield expressed concern about Sarcone's involvement in multiple overlapping legal matters, emphasizing the potential for misuse of authority and the necessity for strict adherence to federal appointment rules.
