New York Attorney General Letitia James is asking a federal judge to invalidate the role of acting U.S. Attorney John Sarcone, arguing that the Trump administration sidestepped legal requirements to place him in charge of investigations targeting her office. The challenge comes as multiple courts have already ruled that Trump’s handpicked U.S. attorneys in several states were unlawfully installed. Sarcone is currently overseeing federal inquiries into James’ civil actions against Donald Trump and the National Rifle Association. James’ legal team says subpoenas issued under his authority should be quashed because his position was never lawfully established.
They describe the probe as part of a political campaign aimed at punishing Trump critics. Justice Department lawyers counter that Sarcone was appointed properly and insist the subpoenas should stand. They maintain that the attorney general has broad authority to name attorneys and delegate responsibilities within the department, even if Sarcone is not formally recognized as an acting U.S. attorney. The dispute centers on unusual appointment tactics used by the administration to bypass Senate confirmation. By law, interim U.S. attorneys must either be confirmed by the Senate or reappointed by district judges once their 120-day term expires.
In Sarcone’s case, the judges declined to retain him. Attorney General Pam Bondi then designated him as a special attorney, and subsequently as first assistant U.S. attorney — a maneuver that allowed him to continue leading the office. James calls this an illegal workaround that violates congressional intent. Her court challenge comes days after a federal judge in Virginia dismissed indictments against James and former FBI Director James Comey on similar legal grounds, finding that the prosecutor there had been unlawfully appointed.
Meanwhile, a federal appeals court has barred Alina Habba, Trump’s former lawyer, from serving as New Jersey’s top federal prosecutor, further complicating the administration’s attempt to place loyalists in key legal posts. Sarcone previously worked for Trump both on the 2016 campaign and in government roles, intensifying scrutiny over his appointment. A hearing on James’ motion is scheduled in U.S. District Court, where Judge Lorna Schofield will decide whether Sarcone can continue to oversee the case or must be disqualified entirely.
