A Federal Judge on Thursday, Disqualified the Trump (R) Loyalist Top Prosecutor in Upstate New York, and tossed Subpoenas His Office has Issued to Sstate Attorney General Letitia James (D). It’s the Latest in a Wave of Rulings that have Rejected the Administration’s Effort to Install U.S. Attorneys, while sidestepping the Senate Confirmation Process. U.S. District Judge Lorna Schofield, appointed by President Barack Obama (D), wrote in a 24-page Opinion that John Sarcone III has been Unlawfully Serving as the U.S. Attorney for the Northern District of New York.
"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,” She wrote, “it acts without lawful authority." A Spokesperson for the Justice Department said it “will continue to fight and defend the President and the Attorney General’s authority to appoint their US Attorneys.” A Spokesperson for James called the Decision “an important win for the rule of law,” adding that “we will continue to defend our office’s successful litigation from this administration’s political attacks.”
The Ruling comes as Federal Judges have Rebuffed the Appointments of Top Federal Prosecutors across the Country. after the Trump Administration used Unusual Tactics to Install Unqualified U.S. Attorneys without Senate Confirmation or Judicial Appointment.
In recent weeks, that Gambit has met Fierce Resistance in the Courts, resulting in Two U.S. Attorneys leaving their Posts and Trump appearing to Concede Defeat. In early December, 2025, New Jersey U.S. Attorney Alina Habba Resigned following an Appeals Court Ruling, Upholding Her Disqualification. Shortly thereafter, Delaware U.S. Attorney Julianne Murray (R) also left Her Post, citing the Habba Ruling.
Federal Judges have also Disqualified Prosecutors in Nevada, the Los Angeles area, and Virginia, where the Dismissal of Lindsey Halligan (R) also resulted in the Tossing of Politically Charged Indictments of Two Trump Foes: James and former FBI Director James Comey (I). Since then, the Virginia Office has tried and twice Failed, toRre-Indict James.
In Sarcone’s Case, the Challenge to His Authority came after the Trump Administration took Unconventional moves to keep Him in Place, after His 120-day Term had Expired and District Judges in Northern New York Declined to Appoint Him to continue in the Job. Attorney General Pam Bondi (R) then Appointed Sarcone as a “special attorney” with an “indefinite” Term so that He could Return to the Job.
A few weeks later, in August 2025, Sarcone Signed Two Grand Jury Subpoenas issued to James, Demanding Documents and Records related to Two Politically Charged Cases: Her Office’s Civil Fraud Lawsuit against Trump, His Two eldest Sons, His Business Associates and His Family Business; and Her Office’s Civil Lawsuit against the National Rifle Association (NRA).
In Cover Letters accompanying the Subpoenas, Sarcone Disclosed that Each set of Demands Related to an “ongoing [federal] criminal investigation," according to Schofield’s Decision. She also Noted that the Subpoenas were Signed by Sarcone Alone, without Signatures from any other Prosecutors, and that “Notably” they Directed the State Government to send Responsive Documents to Sarcone Personally.
Sarcone used His Office, the Judge wrote, “to subpoena a state law-enforcement office that the President had publicly cast as a political adversary. Grand juries are not meant to be the private tool of a prosecutor, Much less One who is Not Lawfully appointed.”
Sarcone’s Tenure was Controversial from the Start. A Republican Lawyer who Ran for Office Unsuccessfully several times, He had No apparent Prosecutorial Experience when He was Appointed as a Temporary U.S. Attorney. He made Headlines during His First few months on the Job for Missteps, including Listing as His Home Address on a Police Affidavit, a Location that was actually a Boarded-Up Building.
Sarcone’s Office has been Representing the Government in a Lawsuit Filed by Maurene Comey, a Former Federal Prosecutor in Manhattan, and Daughter of former FBI Director James Comey, who Alleges She was Illegally Fired in July, with No Explanation. Sarcone Personally appeared at a Hearing in the Lawsuit in December, 2025, which took place on the same Day Schofield Heard Oral Arguments, in the Effort to Disqualify Him.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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